Berkeley City Council
February 23, 2026

ZAB Appeal: 2425 Durant Avenue, Use Permit Application #ZP2024-0162 PUBLIC HEARING February 23, 2026

The Appellant asserts both that the requested concessions would not result in identifiable and actual cost reductions and that the concessions would have a specific, adverse impact upon public health and safety.

A. The City cannot show that requested concessions would not result in identifiable and actual cost reductions.

As stated above, the City could permissibly reject any of the three requested concessions upon a finding based on substantial evidence that they would not result in “identifiable and actual cost reductions.” (Gov. Code, § 65915(d)(1)(A).) Staff advise, however, that the City cannot make this showing. Consistent with Government Code Section 65915(a)(2), subsequent to the filing of this Appeal the City requested reasonable documentation from the Applicant regarding the cost reductions that would accrue from each of the three concessions at issue. As discussed above, the information from the Applicant confirms that each of the three requested concessions would result in identifiable and actual cost reductions. The City has no information to make any findings otherwise, and thus cannot make a finding based on substantial evidence that this exception applies.

B. The City cannot meet its statutory burden to show that the requested concessions would have a specific, adverse impact upon public health and safety.

Next, the City could permissibly deny the concessions if it made findings supported by substantial evidence that the concessions would have a “specific, adverse impact” upon public health and safety. (Gov. Code, § 65915(d)(1)(B).) “Specific, adverse impact” is defined as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” (Gov. Code, § 65589.5(d)(2).) “It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the public health and safety…arise infrequently.” (Gov. Code, § 65589.5, subd. (a)(3).

Staff advise that based on this standard, Appellants have not provided adequate evidence that the concessions at issue meet the criteria for a “specific, adverse impact,” nor does the City have other sufficient evidence on which to make such a finding.

Therefore, staff advise that the City cannot make a finding based on substantial evidence that this exception applies.

For these reasons, staff recommend that the appeal be dismissed.

ZAB Appeal: 2425 Durant Avenue, Use Permit Application #ZP2024-0162 PUBLIC HEARING February 23, 2026

ALTERNATIVE ACTIONS CONSIDERED
Pursuant to BMC Section 23.410.040(G), the Council may (1) continue the public hearing, (2) reverse, affirm, or modify the ZAB’s decision, or (3) remand the matter to the ZAB.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section 15000, et seq.) pursuant to Section 15332 (“Infill Development Project”) of the CEQA Guidelines. It is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project site, located within city limits on fewer than five acres and surrounded by urban uses, has no habitat value for endangered, rare, or threatened species. Its approval would not cause significant impacts related to traffic, noise, air quality, or water quality, and the site can be adequately served by required utilities and public services. Furthermore, none of the CEQA Guidelines Section 15300.2 exceptions apply: the site is not in an environmentally sensitive area; cumulative impacts would not be significant; no unusual circumstances exist that would cause environmental effects; it is not near a designated scenic highway; it is not listed under Government Code Section 65962.5; and the project would not substantially affect any historical resource.

CONTACT PERSON
Jordan Klein, Director, Planning & Development Department, (510) 981-7534 Anne Hersch, Land Use Planning Manager, (510) 981-7411
Nilu Karimzadegan, Senior Planner, (510) 981-7430
Attachments:
1: Draft Resolution
Exhibit A: Findings, October 9, 2025
Exhibit B Conditions, October 9, 2025
Exhibit C: Project Plans, April 11, 2025
2: ZAB Decision Appeal Letter, received October 28, 2025 3: ZAB Packet (Staff Report and attachments), dated October 2, 2025 4: Public Hearing Notice
5: Index to Administrative Record
6: Administrative Record

RESOLUTION NO. ##,###-N.S.

DENY THE APPEAL AND AFFIRM THE ZONING ADJUSTMENTS BOARD DECISION TO APPROVE USE PERMIT #ZP2024-0162, TO DEMOLISH THREE EXISTING TWO- STORY RESIDENTIAL BUILDINGS, INCLUDING 19 RENT-CONTROLLED DWELLING UNITS, AND CONSTRUCT A 20-STORY (208 FEET), APPROXIMATELY 148,940- SQUARE-FOOT RESIDENTIAL BUILDING CONTAINING 169 DWELLING UNITS, INCLUDING 6 EXTREMELY LOW-INCOME (ELI), 7 VERY LOW-INCOME (VLI), 6 LOW- INCOME (LI), AND 13 MODERATE INCOME (MI) UNITS, ON A 9,750-SQUARE-FOOT LOT.

WHEREAS, on November 15, 2024, the applicant submitted a Use Permit application (ZP#2024-0162); and
WHEREAS, on November 21, 2024, the applicant vested a complete Preliminary Use Permit application pursuant to SB330 (PLN#2024-0064); and WHEREAS, on December 13,2024, the Use Permit application was deemed complete; and
WHEREAS, on February 13, 2025, the Use Permit Application was resubmitted; and WHEREAS, on February 24, 2025, the City mailed public hearing notices for the scheduled Landmarks Preservation Commission (LPC) public hearing to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations for the landmark designation hearing; and WHEREAS, on March 6, 2025, LPC held a public hearing on the landmark designation application and received public comments. Following deliberations, the LPC unanimously approved the designation by a vote of 8-0-0-0 vote; and WHEREAS, on March 13, 2025, the Use Permit Application was deemed complete; and WHEREAS, on April 15, 2025, the property owner filed an appeal of the LPC’s decision; and
WHEREAS, on July 9, 2025, the City mailed public hearing notices for a City Council Hearing for the appeal of the LPC’s decision to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations; and WHEREAS, on July 23, 2025, the City Council held a public hearing on the appeal of the LPC decisions to designate 2425 Durant Avenue as a City Landmark or Structure of Merit.

Following deliberations, the City Council unanimously upheld the appeal by a vote of 7- 0-0-2 vote; and

WHEREAS, on September 26, 2025, the City mailed public hearing notices for the scheduled Zoning Adjustment Board (ZAB) public hearing to property owners and occupants within 300 feet of the project site, as well as to interested neighborhood organizations; and
WHEREAS, on October 9, 2025, the ZAB held a public hearing for the Use Permit and received additional public comments. After considering the staff report, the administrative record, and hearing comments from staff, the applicant, and the members of the public, the ZAB voted to approve the project with a 4-0-1-3 vote; and WHEREAS, on October 28, 2025 , the Building and Construction Trades Council of Alameda County, AFL-CIO (“Trades Council”) and the Northern California Carpenters Regional Council (“Carpenters”) filed an appeal of the ZAB’s decision to approve the project; and
WHEREAS, on or before February 9, 2026, staff posted the public hearing notice at the site and three nearby locations and mailed notices to property owners and occupants within 300 feet of the project site, and to all registered neighborhood groups that cover this area. The Council must conduct a public hearing to resolve the appeal; and WHEREAS, on February 23, 2026, the Council held a public hearing to consider the ZAB’s decision, and in the opinion of this Council, the facts stated in, or ascertainable from the public record, including the staff report and comments made at the public hearing, warrant approving the project.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley hereby affirms the decision made by ZAB to approve a Use Permit #ZP2024-0162; adopts the Findings and Conditions of Approval in Exhibit A; and adopts the project plans in Exhibit B.

Exhibits
A: Findings, October 9, 2025
B: Conditions of Approval, October 9, 2025
C: Project Plans, dated April 11, 2025

Zoning Adjustments Board Findings
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
Project Facts Project Description:

Applicant: Yes Duffy Architects, 1250
Addison Street, 105, Berkeley, CA 94702
Property Owner: 2425 Durant Avenue
LLC, 29 Orinda Way, #2060
Orinda, CA 94563
Project Address: 2425 Durant Avenue
General Plan:

RMU (Residential Mixed -Use)
Area Plan: Southside Area Plan
Zoning: R-SMU (Residential
Southside Mixed Use District)
Site Size: 9,750 square feet (0.22 acre)
CEQA: Section 15332 (“In-Fill
Development Projects”)
Application Submitted: November 15,
2024
Vesting Date: November 21, 2024
Date Deemed Complete: March 13, 2025
Project Planner: Nilu Karimzadegan
Use Permit #ZP2024-0162 to demolish three existing two-story residential buildings, including 19 rent-controlled dwelling units, and construct a 20-story (208 feet), approximately 148,940-square-foot residential building containing 169 dwelling units, including 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), 6 Low-Income (LI), and 13 Moderate-Income (MI) units, on a 9,750 square-foot lot.

Zoning Permits Requested:

1. Demolition. BMC Section 23.326.030(B)(1)(c) “Demolition of Residential Units” to demolish residential units (UPPH)

2. New Construction. BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new multi-family building (UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create any residential addition within the within the R-SMU and the Southside Plan boundaries (UPPH).

4. Projections Above Height Limits. BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)
APP # ZP2024-0162
Use Permit for a Project at 2425 Durant Avenue
October 9, 2025
Attachment 1, Exhibit A

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Density Bonus
Waivers:

1. Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree

2. Usable Open Space. Waiver from BMC Section

23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required.

3. FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a 14.86 FAR.

4. Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height).

5. Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback

6. Landscaped Usable Open Space. Waiver from BMC Section

23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required.

7. Long-Term Residential Bike Parking. Waiver from BMC Section

23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required.

Concessions:

1. Concession from the “Apprenticeship Requirements” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040

2. Concession from the “Health Care Expenditures” in
Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050

3. Concession from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)

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I. CEQA FINDINGS
As required by CEQA Section 15332 (“Infill Development Project”) of the CEQA Guidelines, the ZAB finds that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section 15000, et seq.) because:

• The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. • The project site is within city limits on a project site of fewer than five acres that is substantially surrounded by urban uses.
• The project site has no value as habitat for endangered, rare or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required utilities and public services.

Additionally, none of the exceptions to eligibility for a categorical exemption as listed under CEQA Guidelines Section 15300.2, apply to the project.

Evidence: The project is not located in an environmentally sensitive area; the cumulative impact of successive projects of the same type in the same place over time will not be significant; there are no “unusual circumstances” at the project site that will result in significant environmental effects; there are no designated scenic highways in the City of Berkeley and the project site is not in view of a state scenic highway; the site is not included on a list compiled pursuant to Section 65962.5 of the Government Code; and the project would not result in a substantial adverse change in the significance of a historical resource.

Historic Resource Evaluation prepared by Preservation Architecture dated October 4, 2024 concluded that based on their evaluation of the City’s historical criteria, the residential buildings at 2421, 2423 and 2425-2427 Durant Avenue in Berkeley are not eligible as City of Berkeley Landmarks and are not eligible as Structures of Merit. Additionally, the subject property is not listed on the National Register of Historic Places (NR) or the California Register of Historical Resources (CR). Though the LPC designated the site a City Landmark based on their analysis that the property appears to meet the City’s Landmarks Preservation Ordinance criteria for historical significance, City Council determined otherwise and revoked the designation.

Prior to making the CEQA determination for the project, staff reviewed all of the evidence in the record, including the project application materials, plans and technical reports including Air Quality Analysis, Noise impacts Analysis, Water Quality Memorandum, Historic Resource Evaluation and Phase I Analysis; and 4) City Council’s determination to revoke the Landmark designation status application at the public meeting held on July 23, 2025.

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II. FINDINGS FOR APPROVAL
1) As required by BMC Section 23.406.040 (E)(1) “Findings for Approval”, the ZAB finds that the the proposed project or use:
a) Will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or visiting in the area or neighborhood of the proposed use Evidence: The project is consistent with all applicable R-SMU District standards and qualifies for concessions and waivers for the listed district standards granted pursuant to State Density Bonus, Government Code, Section 65915.

Sunlight: The additional height above the district limits (85 feet plus 5 feet by-right parapet) from the density bonus will cast shadows in the affected directions further than if the project were limited to the base district height standards. The proposal will include waivers for additional height beyond the district height limits to accommodate the density bonus units and allow a 208-foot-tall (plus 5-foot parapet), 20-story building. Overall, the shadow impacts from the project will be reasonable and not detrimental.

According to the shadow studies submitted for the project, new shadow impacts will occur:
a) in the fall months in the hours of after sunrise on the residential buildings on the west and northwest and around noon, on the residential buildings on the northe ast; b) in the winter months in the hours of after sunrise on the residential buildings on the west and northwest of the site, in the hours around noon on the residential buildings on the north and in the hours before sunset on the residential buildings on the northeast; and c) in the summer months in the hours of after sunrise and around noon on the neighbor buildings to the west and northwest of the site. All other new shadows will impact non -residential buildings in the vicinity. The extent of the new sh adow impact from the project on the site’s adjacent areas will be limited to a few hours of the day during certain times of the year, will not be unreasonable for a development in the dense, Southside Area plan that allows building heights up to 90 feet including the parapet, with 0 to 4-foot setbacks from property lines, by right.

Air: The proposed project will be consistent with the existing development and building -to- building separation pattern, or air, in this R-SMU District neighborhood. 5 to 8 feet setback is provided for the side setbacks where a zero setback is allowed. 0 to 4 feet setback is provided in the rear where a minimum of 4 feet is required, however the proposed building is separated from the rear non -residential buildings by over 40 feet. Therefore, the project will not unreasonably obstruct air.

Views: Because the project site is located on a relatively flat lot and significant views are generally not available in this neighborhood due to grade, current development patterns, and mature vegetation in a neighborhood with one to two-story and four- to six- story buildings, the proposed project would not create detrimental impacts to views

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and it will not obstruct any significant view corridors as defined in BMC Section

23.502.020(V)(12)1;
b) Will not be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City.

Evidence: The project will not be detrimental or injurious to adjacent properties, surrounding improvements, the neighborhood, or the general welfare of the city, it will enhance the immediate and surrounding areas by replacing an underutilized site including 19-unit residential with a new development consisting of 169 units. This includes a significant affordable housing component: 6 for Extremely Low-Income (ELI), 7 units for Very Low-Income (VLI) households, 6 for Low-Income (LI), and 13 for Moderate-Income (MI) households. By substantially increasing the housing supply and providing a range of affordability levels, the project contributes meaningfully to both local and regional housing needs. Additionally, the project complies with all applicable state and local objective planning standards.

2) As required by BMC Section 23.406.040 (E)(2) “Findings for Approval”, to approve the Use Permit, the ZAB must also make any other Use Permit findings specifically required by the Zoning Ordinance for the proposed project:
3) As required by Government Code Section 65915 (State Density Bonus), the Zoning Adjustments Board finds that:

Under the City’s methodology for implementing density bonuses, the base project consists of 85 units. The project will provide at least 6 Extremely Low-Income (ELI) and 7 Very Low-Income (VLI), 6 Low-Income (LI) and 13 Moderate-Income (MI) BMR units on site qualifying units in the 85 -unit base project, as more fully set forth in Condition “Number of Below Market Rate Units” . The project is entitled to a density increase of 100 percent over the otherwise maximum allowable residential density under the Zoning Ordinance and General Plan Land Use Element, under the requirements of Government Code Section 65915(b) and (f), plus three concessions or incentives. This equates to a density bonus of up to 100% or 86 units above the base project, for a total of up to 171 units of which the applicant has chosen to build 169 units.

1 View Corridor - A significant view of the Berkeley Hills, San Francisco Bay, Mt. Tamalpais, or a significant landmark such as the Campanile, Golden Gate Bridge, and Alcatraz Island or any other significant vista that substantially enhances the value and enjoyment of real property.

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a) In accordance with Government Code Section 65915(d), in order to allow construction of the proposed project with the density permitted under State law, the Zoning Adjustments Board grants the following concessions and finds that the approval of the concessions is required to provide for affordable housing costs, as provided in Government Code Section 65915(d)(1)(A) because: 1) approval of the concession would result in identifiable and actual cost reduction; 2) approval of the concession would not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) would not be contrary to State or Federal law.

• Concession 1. Exemption from the “Apprenticeship Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040
• Concession 2. Exemption from the “Health Care Expenditures” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050
• Concession 3. Exemption from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)

b) In accordance with Government Code Section 65915(e), in order to allow construction of the proposed project with the density permitted under State law, the Zoning Adjustments Board finds that the approval of waivers is required 1) to construct the proposed project at the density permitted under State law; 2) approval of requested waivers will not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) approval of the requested waivers will not be contrary to State or Federal law. • Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree
• Usable Open Space. Waiver from BMC Section 23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required. • FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a 14.86 FAR.
• Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height).
• Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback
• Landscaped Usable Open Space. Waiver from BMC Section 23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required. • Long-Term Residential Bike Parking. Waiver from BMC Section 23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required.

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4) As required by BMC Section 23.326.030, “Demolition of Residential Units” the ZAB finds that the demolition of existing residential units is allowed because:
a) As required by BMC Section 23.326.030(A)(1), the Residential Unit(s) eliminated or demolished were not removed from the rental market through a no-fault eviction during the preceding five years

Evidence: According to a memorandum issued by the City’s Rent Stabilization Board on May 13, 2025, the buildings addressed 2421, 2425, 2423, and 2427 have not been removed from the rental market under the Ellis Act or any other no -fault eviction at any time during the preceding five (5) years.

b) As required by BMC Section 23.326.030(A)(2), there is no substantial evidence of harassment or threatened or actual illegal eviction during the immediately preceding three years. Where allegations of harassment or threatened or actual illegal eviction are in dispute, either party may request a hearing before a Rent Board Hearing Examiner, whose determination may be appealed to the Rent Stabilization Board.

Evidence: According to a memorandum issued by the City’s Rent Stabilization Board on May 13, 2025, The Rent Stabilization Board has no record of any verified cases of harassment or threatened or actual illegal evicting occurring for the rental units at 2421, 2425, or 2427 Durant.

c) As required by BMC Section 23.326.030(B)(1)(C), the demolition is necessary to permit construction approved pursuant to this Chapter of at least the same number of Dwelling Units.

Evidence: The proposed project includes 169 units, ensuring no net loss of units at this site.

d) As required by BMC Section 23.326.030(C), the existing buildings to be demolished are not Landmarks and Structures of Merit . Demolition of a designated landmark or structure of merit, or of a structure in a designated historic district, must be approved by the Landmarks Preservation Commission, pursuant to Chapter 3.24.

Evidence: The project was vested under SB330 on November 21, 2024 prior its designation as a City Landmark or Structure of Merit on March 6, 2025. This City Landmark or Structure of Merit designation was later reversed by the City Council on July 23, 2025. Therefore, the existing buildings are not designated as a City Landmark or Structure of Merit. e) As required by BMC Section 23.326.030(D), the protected units on the subject site that are demolished will be replaced with a Comparable Unit that complies with the maximum allowable rent requirements for Affordable Units in Chapter 23.328 [Affordable Housing Requirements] and Chapter 23.330 [Density Bonus] as they may be amended from time to time and the following conditions will apply:

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1. In the event that a displaced household has an income below 50% AMI, a Comparable Unit shall be offered at a rent that is affordable to households at 30% of AMI, and the displaced household shall have the first right of refusal for that unit.

Such a Comparable Unit shall be counted as a Very Low-Income unit for applicable affordability requirements in Chapter 23.328.

2. In the event that a demolished Residential Unit is not a Protected Unit and the income of the displaced household is unknown, the Residential Unit shall be presumed to have been occupied by Low- or Lower-Income renter households in the same proportion as Residential Units throughout the City. The City shall rely upon US Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) data to determine the number of such Residential Units that must be replaced with Affordable Units as defined in Chapter 23.328.

3. In the event that a Protected Unit was subject to rent or price controls under BMC Chapter 13.76, and the income level of the displaced household is unknown, the unit shall be replaced with an Affordable Unit as defined in Chapter 23.328.

Evidence: According to a memorandum provided by the City’s Rent Stabilization Board issued on May 13, 2025, all 19 Residential Units at 2421 -2427 Durant are subject to rent control under the Rent Ordinance and are therefore considered Protected Units. Per the Demolition Ordinance, any Protected Unit that is demolished shall be replaced with a Comparable Unit tha t shall comply with the maximum allowable rent requirements for Affordable Units in Chapter 23.328 [Affordable Housing Requirements] and Chapter 23.330 [Density Bonus]. As a Condition of Approval for this project, all 19 of the existing units proposed for demolition must be replaced with units that are available to either Very Low Income or Lower Income households (or deeper affordability) in perpetuity. f) As required by BMC Section 23.326.030(E)(2), “Requirements for Occupied Units 2”, the applicant will provide all sitting tenants and the Rent Stabilization Board notice of the application for demolition no later than the date the application is submitted to the City, including notice of their rights under Municipal Code Chapter 13.76 (Rent Stabilization and Eviction for Good Cause Program), Chapter 13.77 (Requirements, Procedures, Restrictions and Mitigations Concerning the Withdrawal of Residential Rental Accommodations from Rent or Lease), 13.79 (Tenant Protections: Automatically Renewing Leases and Buyout Agreements) and 13.84 (Relocation Services and Payments for Residential Tenant Households).

Evidence: As a Condition of Approval for this permit, the applicant will provide all sitting tenants and the Rent Stabilization Board notice of the application for demolition no later than the date a demolition application is submitted to the City.

2 The Requirements for Occupied Units do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction.

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g) As required by BMC Section 23.326.030(E)(3), “Requirements for Occupied Units”, the applicant will provide moving and relocation assistance equivalent to the requirements set forth in Municipal Code Chapter 13.84 (Relocation Services and Payments for Residential Tenant Households) or Government Code section 66300.6(b)(4)(A), whichever requires greater relocation assistance to displaced tenants, not subject to the limitations in section 13.84.070.B.3(a). The applicant will subsidize the rent differential for a comparable replacement unit, in the same neighborhood if feasible, until new units are ready for occupancy. Within five days of the issuance of the Certificate of Occupancy, tenants will be notified in writing that the units will be ready for move-in on a date specified. Tenants will confirm in writing their intent to lease the available unit at any time before 20 days after the issuance of the Certificate of Occupancy. Funding for the rent differential will be guaranteed in a manner approved by City Council Resolution; provided, however, that any project that is carried out or funded by the state or federal government will be subject to applicable provisions of the California Relocation Act (Government Code section 7260 et seq.) and/or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. sections 4601- 4655).

Evidence: moving and relocation assistance is a condition of approval for this permit per the Ordinance.
h) As required by BMC Section 23.326.030(E)(4), “Sitting Tenants Rights”, the following are required:

1. Any tenant of a Protected Unit that is permitted to be demolished under this section will have the right of first refusal to rent a Comparable Unit in the new project.

2. In the event that a displaced household is ineligible for below-market rate replacement units, a market rate Comparable Unit will be made available to that household at the same rent as had been previously charged, or a lesser rent if that is the market rate.

3. Where a displaced tenant exercises the right to rent a Comparable Unit, any increase in rent for the Comparable Unit for the duration of their tenancy will be no greater than the lesser of 65% of the increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region (as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics for the twelve-month period ending the previous December 31) or 65% of the corresponding increase in Area Median Income (AMI) for the same calendar year.

4. Exceptions.
ii. Sitting tenants who are displaced as a result of demolition and who desire to return to the newly constructed affordable housing project will be granted a right of first refusal subject to their ability to meet income qualifications and other applicable eligibility requirements. (Ord. 7924-NS § 1, 2024; Ord. 7810-NS § 1, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)

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Evidence: Sitting Tenants Rights (a) to (d) will be conditions of approval for this permit.

5) As required by the Housing Accountability Act, Government Code Section 65589.5(j), when a proposed housing development complies with applicable, objective general plan and zoning standards, a local agency may not deny the project or approve it with reduced density unless the agency makes written findings supported by substantial evidence that: (1) the development would have a specific adverse impact on public health or safety unless disapproved or approved at a lower density; and (2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval or approval at a lower density.

Evidence: The project includes construction of “housing development project” with at least two -thirds of the floor area in residential use. Because the project complies with applicable, objective general plan and zoning standards, Section 65589.5(j) does apply to this project. No significant, quantifiable, direct and unavoidable impacts, based on objective, identified written public health or safety standards, polices, or conditions, have been identified.
6) Government Code Section 65915 (Density Bonus) and Government Code Section 66300 (SB 330) prohibit the demolition of occupied or vacant protected units (i.e. rent-controlled or affordable units) unless the project will create at least as many residential units as will be demolished; will replace them with at least as many residential dwelling units as the greatest number of units that existed on the project site within the last five years, and replace “protected” units as specified in these sections.
a) The project is demolishing 19 (“protected”) units (the greatest number of units that existed on the project site within the last five years), and is constructing 169 units, in compliance with state law.
b) The project will replace 19 removed protected dwelling units with equivalent units – 6 units affordable to Extremely Low-Income households, 7 units affordable to Very Low- Income households, 6 units affordable to Low-Income households, 13 unit affordable to Moderate-Income households subject to a recorded affordability restriction of at least 55 years and 137 Market Rate units.
7) As required by BMC Section 23.406.040 (E)(3) “Findings for Approval”, the ZAB considers the following (a and b) in making findings:

a) The proposed land use:

Evidence: The proposed land use meets the findings for approval because the project’s residential use is consistent with the purposes of the High Density Residential and the surrounding Avenue Commercial areas as outlined in the General Plan’s Land Use Element.

This identifies the need to provide high-density residential development and residential units to meet the housing needs of the City of Berkeley on a transit-served site contributing to local and regional housing needs with the inclusion of applicable waivers and concessions allowed under the State Density Bonus law.

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b) The structure or addition that accommodates the use:

Evidence: The proposed construction of a twenty-story residential project with its compliant Base Project with the undelaying zoning standards will accommodate the use because and will fulfill both the district purposes and contribute to local and regional housing needs and is consistent with the development standards of the R-SMU zoning districts.
8) As required by BMC Section 23.406.040 (E)(4) “Findings for Approval”, the ZAB makes the required findings based on the circumstances existing at the time a decision is made on the application.

Evidence: The application has been reviewed based on the current zoning standards, general plan policies, environmental conditions, and site context as of the date of the decision. The project is consistent with the allowed uses outlined in the R-SMU zone. Surrounding land uses and structures surrounding the site are based on current information.

9) As required by BMC Section 23.406.040 (E )(5) “Findings for Approval”, the ZAB shall deny a Use Permit application if it determines that it is unable to make any of the required findings

Evidence: This finding does not apply because all required findings can be made based on submitted application material, documents and staff analysis.

Conditions of Approval
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
APP # ZP2024-0162 October 9, 2025
Use Permit for a Project at 2425 Durant Avenue
Project Facts Project Description:

Applicant: Yes Duffy Architects, 1250
Addison Street, 105, Berkeley, CA 94702
Property Owner: 2425 Durant Avenue
LLC, 29 Orinda Way, #2060
Orinda, CA 94563
Project Address: 2425 Durant Avenue
General Plan:

RMU (Residential Mixed -Use)
Area Plan: Southside Area Plan
Zoning: R-SMU (Residential
Southside Mixed Use District)
Site Size: 9,750 square feet (0.22
acre)
CEQA: Section 15332 (“In-Fill
Development Projects”)
Use Permit #ZP2024-0162 to demolish three existing two-story residential buildings, including 19 rent-controlled dwelling units, and construct a 20-story (208 feet), approximately 148,940-square-foot residential building containing 169 dwelling units, including 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), 6 Low-Income (LI), and 13 Moderate Income (MI) units, on a 9,750-square-foot lot.

Zoning Permits Requested:

1. Demolition. BMC Section 23.326.030(B)(1)(c) “Demolition of Residential Units” to demolish residential units (UPPH)

2. New Construction. BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new Multi-Family building (UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create any residential addition within the within the R-SMU and the Southside Plan boundaries (UPPH).

4. Projections Above Height Limits. BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)
Density Bonus
Attachment 1, Exhibit B

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Date Submitted: November 15, 2024

Vesting Date: November 21, 2024

Date Deemed Complete: March 13, 2025

Project Planner: Nilu Karimzadegan
Waivers:

1. Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree

2. Usable Open Space. Waiver from BMC Section

23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required.

3. FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a 14.86 FAR.

4. Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height).

5. Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback

6. Landscaped Usable Open Space. Waiver from BMC Section

23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required.

7. Long-Term Residential Bike Parking. Waiver from BMC Section

23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required.

Concessions:

1. Concession from the “Apprenticeship Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040

2. Concession from the “Health Care Expenditures” in
establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050

3. Concession from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)

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I. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
Pursuant to Berkeley Municipal Code (BMC) Title 23 Zoning Ordinance and Title 13 Public Peace, Morals, and Welfare, the following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. Conditions and Mitigation Monitoring and Reporting Program Shall be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings.

2. Compliance Required (BMC Section 23.102.050). All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections 23.404.060(B)(1) and (2)):

This Permit authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.

When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To re-establish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060(B)(4)).

All work performed under an approved permit shall comply with the approved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060(C)):

A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determin ation that a permit has lapsed may be appealed to the ZAB in accordance with BMC Chapter 23.410, Appeals and Certification.

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A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060(D)). Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Standard Condition #5 above.

7. Permit Modifications (BMC Section 23.404.070). No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Board. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080). The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy.

Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Pay Transparency Acknowledgement (BMC Section 13.104.030). Prior to the issuance of a building permit for any Project subject to this Chapter:

A Responsible Representative of the Permittee shall certify under penalty of perjury that the Permittee has reviewed Chapter 13.104 of the Berkeley Municipal Code, and will be responsible for demonstrating compliance with this Chapter.

The Permittee shall provide to the City a Contractor Pay Transparency Acknowledgment on a form approved by the City for this purpose. A Responsible Representative of the Permittee shall certify under penalty of perjury that the Contractor and all Qualifying Subcontractors performing work on the Project will comply with BMC Chapter 13.104 and with Labor Code sections 226(a) and 2810.5 for each employee who works on the Project.

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10. Pay Transparency Attestations following Project Completion (BMC Section

13.104.040). Within 10 days of the approved final inspection of any Project subject to this Chapter, each Permittee shall provide to the City for each Contractor and Qualifying Subcontractor a Pay Transparency Attestation on a form approved by the City. On each Pay Transparency Attestation, a Responsible Representative of the Contractor or Qualifying Subcontractor shall attest under penalty of perjury that the Contractor or Qualifying Subcontractor complied with BMC Chapter 13.104 and Labor Code sections 226(a) and 2810.5 for each employee who performed work on the Project. The City will maintain Pay Transparency Attestation forms for period of at least three years after their date of receipt by the City

11. Posting of Wage Theft Ordinance (BMC Section 13.104.050). Each day work is performed on the Project, each Permittee shall post, and keep posted in a conspicuous location where it may be easily read by employees during the hours of the workday, a notice that: (A) contains the text of BMC Chapter 13.104; (B) explains that workers can report violations of Labor Code sections 226 and 2810.5 to the Labor Commissioner of the State of California; and (C) provides current contact information, including office address, telephone number, and email address of the Labor Commissioner of the State of California.

12. Wage Theft Prevention Conditions of Approval (BMC Section 13.104.060). The requirements of BMC Sections 13.104.030 through 13.104.050 shall be included as conditions of approval of any Use Permit or Zoning Certificate for any Project that is subject to this Chapter. Failure to comply with the requirements of any provision of this Chapter shall be grounds for issuance of an administrative citation under BMC Chapter 1.28 and/or the revocation or modification of any Use Permit issued for the Project under BMC Chapter

23.404.

13. Hold Harmless. The permittee agrees as a condition of approval of this application to indemnify, protect, defend with counsel selected by the City, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the approval of this application, any actions taken by the City related to this entitlement, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related actions. The indemnification shall include any Claims that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents. The permittee’s duty to defend the City shall not apply in those instances when the permittee has asserted the Claims, although the permittee shall still have a duty to indemnify, protect and hold harmless the City.

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II. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC Section 23.404.050(H) Conditions of Approval, the Zoning Adjustments Board attaches the following additional conditions to this Permit:

Prior to Submittal of Any Building Permit:

14. Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction-related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complaints and actions to the project planner on a weekly basis. Please designate the name of this individual below:
 Project Liaison ____________________________________________________ Name Phone #

15. Address Assignment. The applicant shall file an “Address Assignment Request Application” with the Permit Service Center (1947 Center Street) for any address change or new address associated with this Use Permit. The new address(es) shall be assigned in accordance with BMC Section 16.28.030 Assignment and Installation of Numbers, and, except for new buildings on vacant lots, entered into the City’s database after the building permit is issued but prior to final inspection.

16. Bird Safe Buildings. Prior to submittal of the building permit, the applicant shall demonstrate compliance with the applicable bird safe building provisions in BMC Section

23.304.150, Bird Safe Buildings.

17. Construction Noise Reduction Program. The applicant shall develop a site-specific noise reduction program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Zoning Officer. The noise reduction program shall include the time limits for construction listed above, as measures needed to ensure that construction complies with BMC Section

13.40.070, Prohibited Acts. The noise reduction program should include, but shall not be limited to, the following available controls to reduce construction noise levels as low as practical:

Construction equipment should be well maintained and used judiciously to be as quiet as practical.

Equip all internal combustion engine -driven equipment with mufflers, which are in good condition and appropriate for the equipment.

Utilize “quiet” models of air compressors and other stationary noise sources where technology exists. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.

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Locate stationary noise -generating equipment as far as possible from sensitive receptors when adjoining construction sites. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment where feasible.

Prohibit unnecessary idling of internal combustion engines.

If impact pile driving is required, pre -drill foundation pile holes to minimize the number of impacts required to seat the pile.

Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise.

Erect temporary noise control blanket barriers, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were irresolvable by proper scheduling. Noise control blanket barriers can be rented and quickly erected.

Route construction related traffic along major roadways and away from sensitive receptors where feasible.

18. Damage Due to Construction Vibration. The project applicant shall submit screening level analysis prior to, or concurrent with demolition building permit. If a screening level analysis shows that the project has the potential to result in damage to structures, a structural engineer or other appropriate professional shall be retained to prepare a vibration impact assessment (assessment). The assessment shall consider project specific information such as the composition of the structures, location of the various types of equipment used during each phase of the project, as well as the soil characteristics in the project area, in order to determine whether project construction may cause damage to any of the structures identified as potentially impacted in the screening level analysis. If the assessment finds that the project may cause damage to nearby structures, the structural engineer or other appropriate professional shall recommend design means and methods of construction that to avoid the potential damage, if feasible. The assessment and its recommendations shall be reviewed and approved by the Building and Safety Division and the Zoning Officer. If there are no feasible design means or methods to eliminate the potential for damage, the structural engineer or other appropriate professional shall undertake study of existing conditions (study) of any structures (or, in case of large buildings, of the portions of the structures) that may experience damage.

This study shall establish the baseline condition of these structures, including, but not limited to, the location and extent of any visible cracks or spalls; and include written descriptions and photographs.

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The study shall be reviewed and approved by the Building and Safety Division and the Zoning Officer prior to issuance of a grading permit. Upon completion of the project, the structures (or, in case of large buildings, of the portions of the structures) previously inspected will be resurveyed, and any new cracks or other changes shall be compared to pre-construction conditions and a determination shall be made as to whether the proposed project caused the damage. The findings shall be submitted to the Building and Safety Division and the Zoning Officer for review. If it is determined that project construction has resulted in damage to the structure, the damage shall be repaired to the pre-existing condition by the project sponsor, provided that the property owner approves of the repair

19. Compliance with Conditions of Approval and Environmental Mitigations. The building permit application is subject to verification of compliance of these Conditions of Approval and the adopted Southside Area Plan Mitigation Monitoring and Reporting Program (Staff Report Attachment 6). The applicant shall be responsible for demonstrating compliance with all conditions of approval and mitigation measures per the timeline set forth by this use permit. The applicant shall deposit $10,000 with the City, or less with the approval of the Zoning Officer, to pay for the cost of monitoring compliance with these Conditions of Approval and other applicable conditions and regulations. Should compliance-monitoring expenses exceed the initial deposit, the applicant shall deposit additional funds to cover such additional expenses upon the request of the Zoning Officer; any unused deposit will be refunded to the applicant.

Prior to Issuance of Any Building & Safety Permit (Demolition or Construction)

20. Demolition. Demolition of the existing building cannot commence until a complete application is submitted for the replacement building. In addition, all plans presented to the City to obtain a permit to allow the demolition are subject to these conditions.

21. Construction Noise Management - Public Notice Required. At least two weeks prior to initiating any construction activities at the site, the applicant shall provide notice to businesses and residents within 500 feet of the project site. This notice shall at a minimum provide the following: (1) project description, (2) description of construction activities during extended work hours and reason for extended hours, (3) daily construction schedule (i.e., time of day) and expected duration (number of months), (4) the name and phone number of the Project Liaison for the project that is responsible for responding to any local complaints, and (5) that construction work is about to commence. The liaison would determine the cause of all construction-related complaints (e.g., starting too early, bad muffler, worker parking, etc.) and institute reasonable measures to correct the problem. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval.

22. Construction Phases. The applicant shall provide the Zoning Officer with a schedule of major construction phases with start dates and expected duration, a description of the activities and anticipated noise levels of each phase, and the name(s) and phone number(s) of the individual(s) directly supervising each phase. The Zoning Officer or his/her designee shall have the authority to require an on-site meeting with these individuals as necessary to ensure compliance with these conditions. The applicant shall notify the Zoning Officer of any changes to this schedule as soon as possible.

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23. Construction and Demolition Diversion. Applicant shall submit a Construction Waste Management Plan that meets the requirements of BMC Chapter 19.37 including 100 percent diversion of asphalt, concrete, excavated soil and land-clearing debris and a minimum of 65 percent diversion of other nonhazardous construction and demolition waste.

24. Toxics. The applicant shall contact the Toxics Management Division (TMD) at 1947 Center Street or (510) 981-7470 to determine which of the following documents are required and timing for their submittal:

Phase I and Phase II Environmental Site Assessment (ESA) (per ASTM 1527). A recent Phase I ESA (less than 2 years old) shall be submitted to the Toxics Management Division for developments for: all new commercial, industrial and mixed -use developments and all improvement projects that require work 5 or more feet below grade, and all new residential buildings with more than four dwelling units located in the Environmental Management Area (or EMA). The EMA can be viewed at: City of Berkeley Community GIS Portal (arcgis.com)
Depending on the findings in the Phase I, a Phase II or additional investigation may be necessary. Any available soils and groundwater analytical data available for projects listed in this section must also be submitted to TMD.

Environmental Site Clearance. The applicant shall provide environmental screening clearance from either the San Francisco Bay Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control (DTSC), or the Alameda County Department of Environmental Health’s Local Ov ersight Program (LOP). Clearance from one of these regulatory agencies will ensure that the property meets development investigation and cleanup standards for the specific use proposed on the property.

Environmental screening clearance shall be submitted to the City of Berkeley’s Toxics Management Division prior to issuance of any building permits.

Soil and Groundwater Management Plan . A site -specific Soil and Groundwater Management Plan (SGMP) shall be submitted to Toxics Management Division (TMD) for all non -residential projects, and residential or mixed -use projects with more than four dwelling units, that: (1) are in the Environmental Management Area (EMA), as shown on the most recent City of Berkeley EMA map, and (2) propose any excavations deeper than 5 feet below grade or if significant soils removal is anticipated. The SGMP shall be submitted to the TMD with the project’s building permit application and shall be approved by TMD prior to issuance of the building permit.

The SGMP shall comply with the hazardous materials and waste management standards required by BMC Section 15.12.100, the stormwater pollution prevention requirements of San Francisco Bay Regional Water Quality Control Board’s Order No. R2 -2009-0074, California hazardous waste generator regulations (Title 22 California Code of Regulations (CCR) 66260 et seq.), and the East Bay Municipal Utility District’s Ordinance 311, and shall include the following:
i. procedures for soil and groundwater management including identification of pollutants and disposal methods;

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ii. procedures to manage odors, dust and other potential nuisance conditions expected during development;
iii. notification to TMD within 24 hours of the discovery of any previously undiscovered contamination; and
iv. the name and phone number of the individual responsible for implementing the SGMP and who will respond to community questions or complaints.

TMD may require additional information or impose additional conditions as deemed necessary to protect human health and the environment. All requirements of the approved SGMP shall be deemed conditions of approval.

Demolitions & Renovations – Building Materials Survey . A hazardous materials survey for building materials and plans on hazardous materials and hazardous waste removal and disposal is required and must be prepared by qualified professionals, and submitted to the Toxics Management Division (TMD) prior to issuanc e of the building permit.
i. The survey shall include the identification of all materials to be disturbed for lead-based paints, PCB containing equipment and caulking, hydraulic fluids, refrigerants, treated wood, and mercury containing devices (including fluorescent light bulbs and mercury switches), asbestos and other hazardous materials and chemicals.
ii. If asbestos is identified, Bay Area Air Quality Management District Regulation 11-2-401.3 a notification must be made and the J number must be made available to the City of Berkeley Permit Service Center. Contractors must follow state regulations where there is asbestos-related work involving 100 square feet or more of asbestos containing material (8 Cal. Code Regs. §1529, §341.6 et seq.)
iii. The report to the TMD shall include, in addition to the survey, plans on hazardous materials and hazardous waste removal and disposal that comply with State and Federal codes including California Code of Regulations (CCR) 66260 et seq.
iv. Documentation evidencing disposal of hazardous waste in compliance with the survey shall be submitted to TMD within 30 days of the completion of the demolition.

Please note, the PCB Screening Form required by Public Works, Engineering, is a separate requirement and does not address the PCB identification requirement of the Toxics Management Division.

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Hazardous Materials Business Plan. A Hazardous Materials Business Plan (HMBP) in compliance with BMC Section 15.12.040 and California Health & Safety Code, Chapter

6.95 Div. 20, shall be submitted to the Toxics Management Division through the California Environmental Reporting System: http://cers.calepa.ca.gov/ for chemicals used or stored on site during construction that exceed reporting thresholds. The reporting is required if your facility stores or handles hazardous materials in aggregate quantities equal to or greater than 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet of compressed gases, or generates any quantity of hazardous waste. This includes welding gases, emergency generator fuel, paints, etc.

Additionally, the business occupant must submit an HMBP within 30 days of starting operations.

Petroleum Storage. An (SPCC) Plan is required to be prepared and implemented for facilities with any one of the following:
i. aggregate aboveground petroleum storage capacities of 1,320 gallons or more stored in aboveground storage containers, tanks, oil-filled equipment, or ii. one or more tank(s) in an underground area (TIUGA) with petroleum storage capacities of 55 gallons or greater. More information on TIUGAs can be found here: https://osfm.fire.ca.gov/divisions/pipeline-safety-and-cupa/certified- unified-program-agency-cupa/aboveground-petroleum-storage-act/tank-in-an- underground-area-tiuga/
The SPCC plan must be prepared prior to beginning operations and you must submit facility information to Toxics Management Division (TMD) through the California Environmental Reporting System: http://cers.calepa.ca.gov/. The SPCC plan will be reviewed during the site inspection and shall not be submitted in CERS or to the TMD.

Prior to Issuance of Any Building (Construction) Permit

25. HVAC Noise Reduction. Prior to the issuance of building permits, the project applicant shall submit plans that show the location, type, and design of proposed heating, ventilation, and cooling (HVAC) equipment. In addition, the applicant shall provide product specification sheets or a report from a qualified acoustical consultant showing that operation of the proposed HVAC equipment will meet the City’s exterior noise requirements in BMC Section

13.40.050. The City’s Planning and Development Department shall review the submitted plans, including the selected HVAC equipment, to verify compliance with exterior noise standards.

26. Interior Noise Levels. Prior to issuance of a building permit, the applicant shall submit a report to the Building and Safety Division and the Zoning Officer by a qualified acoustic engineer certifying that the interior residential portions of the project will achieve interior noise levels of no more than 45 Ldn (Average Day-Night Levels). If the adopted Building Code imposes a more restrictive standard for interior noise levels, the report shall certify compliance with this standard.

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27. Solar Photovoltaic (Solar PV) and Battery Energy Storage Systems (ESS). A solar PV system shall be installed, subject to specific limited exceptions, as specified by the Berkeley Energy Code (BMC Chapter 19.36). Energy storage system (ESS) readiness (new single-family, duplex, and townhouse homes) or ESS installation (new multifamily and most nonresidential buildings) shall be completed as specified by BMC Chapter 19.36.

Location of the solar PV system and the ESS, if applicable, shall be noted on the construction plans. (Project required to meet applicable code at time of building permit application, if different from above.)

28. Recycling and Organics Collection. Applicant shall provide recycling and organics collection areas for occupants, clearly marked on plans, which comply with the Alameda County Organics Reduction and Recycling Ordinance (2021-02). Contact the Zero Waste Division at [email protected].

29. Public Works ADA. Plans submitted for building permit shall include replacement of sidewalk, curb, gutter, and other streetscape improvements, as necessary to comply with current City of Berkeley standards for accessibility.

AFFORDABLE HOUSING REQUIREMENTS – RESIDENTIAL PROJECTS

30. Affordable Housing Compliance Plan. The final Affordable Housing Compliance Plan (“AHCP”) must be certified by the Zoning Officer and the Department of Health, Housing, and Community Services prior to the issuance of Building Permit. Projects that receive approval from the Building Official for multiple phase construction permits must have the final AHCP certified prior to the issuance of the phase one building permit.

31. Below Market Rate Units. 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), and 6 Low-Income (LI) and 13 Moderate Income (MI) Below Market Rate rental dwelling units (BMR Units) shall be provided in the project. All affordable units provided pursuant to the Density Bonus section of the permit findings shall be designated as BMR Units. All BMR units are required to comply with the stricter of the State Density Bonus Law (Government Code Section 65915), BMC Section 23.328.030(A) Affordable Housing Requirements and BMC Section 23.326.030 Elimination if Dwelling Units through Demolition. All affordable units provided as replacement units pursuant to Section I.V, Demolition, of the permit findings, shall be designated as BMR Units. Any Extremely Low-Income replacement units provided shall be classified as Very-Low Income units to fulfill State Density Bonus Law.

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Affordability
Level
Proposed Below Market Rate (BMR) Units Covering
All Replacement Requirements

Total BMR
units in the
project
State
Density
Bonus
Law (Gov.

Code
Section
65915)

BMC Chapter

23.328
(Inclusionary
Housing)
BMC Chapter

23.326
(Demolition)
State Bill
330/CHAS
Extremely
Low-Income
(30% AMI)
- - - 6 6*
Very Low-
Income (50%
AMI)
13 13 10 3 7*
Low-Income
(80% AMI)
- 6 9 3 6
Moderate-
Income (x%)
13 - - - 13**1
Total 32

*These units must satisfy all but not limited to equivalency, size, unit distribution and affordability in perpetuity requirements under the Inclusionary and Demolition Ordinances
**1 These units must be affordable for 55 years and satisfy equivalency requirements per the State Density Bonus law.

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32. Regulatory Agreement. If BMR units are provided, the owner shall enter into a Regulatory Agreement that implements Government Code Section 65915 BMC Section 23.328.030, and other provisions for BMR units included in this Use Permit. The Regulatory Agreement may include any terms and affordability standards determined by the City to be necessary to ensure such compliance. The Regulatory Agreement will secure the property’s obligation to comply with the requirements for providing BMR units as defined by BMC Chapter

23.328 and State Density Bonus Law (Government Code Section 65915) The applicant shall submit the Regulatory Agreement to the Department of Health, Housing, and Community Services for review and approval. All BMR units are required to comply with the Regulatory Agreement and the BMR Administrative Guidelines. Regulatory Agreements must be executed prior to the issuance of Building Permit, or, in the case of projects that receive approval from the Building Official for multiple phase construction permits, prior to the issuance of the phase one building permit.

33. Payment of Affordable Housing In-Lieu Fee. The Affordable Housing In-Lieu Fee shall be paid as required by BMC Section 23.328.030(B) and Resolution 70,698 N.S. The fee for this project is $0[zero] Any adjustments to the fee and the final fee amount will be determined prior to building permit issuance as part of the Affordable Housing Compliance Plan approval. The In-Lieu Fee shall be paid prior to the issuance of the first Certificate of Occupancy, or if no Certificate of Occupancy is required, prior to the final inspection of the Project. Nothing in these conditions shall be interpreted to prohibit, or to require modification of the Use Permit or Regulatory Agreement to allow the provision of additional BMR units, or additional affordability, then are required in the foregoing provisions.

34. Tenant Protection Conditions:

A. First Right of Refusal. Pursuant to BMC 23.326.030(E)(4)(a), any tenant of a Protected Unit that is permitted to be demolished shall have the right of first refusal to rent a Comparable Unit in the new project. Prior to building permit issuance, the applicant shall provide documentation that confirms that previous tenants have been made aware of their right of first refusal in the new building.

B. Sitting Tenants Rights. Pursuant to BMC 23.326.030(E)(4)), ((b) In the event that a displaced household is ineligible for below-market rate replacement units, a market rate Comparable Unit shall be made available to that household at the same rent as had been previously charged, or a lesser rent if that is the market rate. (c) Where a displaced tenant exercises the right to rent a Comparable Unit, any increase in rent for the Comparable Unit for the duration of their tenancy shall be no greater than the lesser of 65% of the increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region (as reported and published by the U.S.

Department of Labor, Bureau of Labor Statistics for the twelve-month period ending the previous December 31) or 65% of the corresponding increase in Area Median Income (AMI) for the same calendar years.

The sitting tenants’ rights do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction.

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C. Rental Rate – Known Income. Pursuant to 23.326.030(D)(1), in the event that a displaced household has an income below 50 percent AMI, a Comparable Unit shall be offered at a rent that is affordable to households at 30 percent of AMI, and the displaced household shall have the first right of refusal for that unit. Such a Comparable unit shall be counted as a Very Low- Income unit for applicable affordability requirements in Chapter 23.328. Prior to building permit issuance, the applicant shall, for previous tenants whose income is known that have accepted a tenancy in the new building, provide documentation confirming the rental rate of their unit in the and supporting documents that verify tenant income.

D. Rental Rate – Unknown Income. Pursuant to BMC 23.326.030(D)(3), in the event the income level of the displaced household is unknown, the unit shall be replaced as an Affordable Unit per BMC Section 23.328.020 – a unit that is affordable in perpetuity as a Very Low-Income or Lower -Income Unit. Prior to building permit issuance, the applicant shall, for previous tenants whose income is unknown that have accepted a tenancy in the new building, provide documentation confirming the rental rate of their unit.

E. Prior Rental Rate. Pursuant to Government Code Section 66300.6(b)(3), any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice and, if compelled to leave, shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.

F. Requirement for Relocation Expenses. Pursuant to BMC 23.326.030(E)(3) the applicant shall provide moving and relocation assistance equivalent to the requirements set forth in Municipal Code Chapter 13.84 (Relocation Services and Payments for Residential Tenant Households) or Government Code section 66300.6(b)(4)(A), whichever requires greater relocation assistance to displaced tenants, and shall not be subject to the limitations in section

13.84.070.B.3(a). The applicant shall subsidize the rent differential for a comparable replacement unit, in the same neighborhood if feasible, until new units are ready for occupancy.

Within five days of the issuance of the Certificate of Occupancy, tenants shall be notified in writing that the units will be ready for move-in on a specified date. Tenants shall confirm in writing their intent to lease the available unit at any time before 20 days after the issuance of the Certificate of Occupancy. Funding for the rent differential shall be guaranteed in a manner approved by City Council Resolution; provided, however, that any project that is carried out or funded by the state or federal government shall be subject to applicable provisions of the California Relocation Act (Government Code section 7260 et seq.) and/or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. sections 4601- 4655). The Requirements for Relocation Expenses do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction unless otherwise required by California law.

G. Rental Registry. Prior to issuance of a Certificate of Occupancy register all the new units with forms provided by the Rent Stabilization Board. Provide confirmation from the Rent Stabilization Board ([email protected]) that the new units have been registered.

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Prior to Demolition or Start of Construction:

35. Construction Meeting. The applicant shall request of the Zoning Officer an on-site meeting with City staff and key parties involved in the early phases of construction (e.g., applicant, general contractor, foundation subcontractors) to review these conditions and the construction schedule. The general contractor or applicant shall ensure that all subcontractors involved in subsequent phases of construction aware of the conditions of approval.

36. Transportation Construction Plan. The applicant and all persons associated with the project are hereby notified that a Transportation Construction Plan (TCP) may be required, particularly for the following activities:

Alterations, closures, or blockages to sidewalks, pedestrian paths or vehicle travel lanes (including bicycle lanes);
Storage of building materials, equipment, dumpsters, debris anywhere in the public ROW; Provision of exclusive contractor parking on-street; or Significant truck activity.

Please contact the Office of Transportation at (510) 981-7010, or 1947 Center Street, and ask to speak to a traffic engineer. In addition to other requirements of the Traffic Engineer, this plan shall include the locations of material and equipment storage, trailers, worker parking, a schedule of site operations that may block traffic, and provisions for traffic control. The TCP shall be stamped and signed by a registered engineer prior to submittal.

The TCP shall be consistent with any other requirements of the construction phase. A current copy of this Plan shall be available at all times at the construction site for review by City Staff.

37. Construction/No Parking Permits. Contact the Permit Service Center (PSC) at 1947 Center Street or 981-7500 for details on obtaining Construction/No Parking Permits (and associated signs and accompanying dashboard permits). Please note that the Zoning Officer and/or Traffic Engineer may limit off-site parking of construction-related vehicles if necessary to protect the health, safety or convenience of the surrounding neighborhood.

During Construction:

38. Construction Hours. Construction activity shall be limited to between the hours of 8:00 AM and 6:00 PM on Monday through Friday, and between 9:00 AM and Noon on Saturday.

No construction-related activity shall occur on Sunday or any Federal Holiday.

39. Construction Hours- Exceptions. It is recognized that certain construction activities, such as the placement of concrete, must be performed in a continuous manner and may require an extension of these work hours. Prior to initiating any activity that might require a longer period, the developer must notify the Zoning Officer and request an exception for a finite period of time. If the Zoning Officer approves the request, then two weeks prior to the expanded schedule, the developer shall notify businesses and residents within 500 feet of the project site describing the expanded construction hours. A copy of such notice and methodology for distributing the notice shall be provided in advance to the City for review and approval. The project shall not be allowed more than 15 extended working days.

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40. Project Construction Website. The applicant shall establish a project construction website with the following information clearly accessible and updated monthly or more frequently as changes warrant.

Contact information (i.e. “hotline” phone number, and email address) for the project construction manager
Calendar and schedule of daily/weekly/monthly construction activities The final Conditions of Approval, Mitigation Monitoring and Reporting Program, Transportation Construction Plan, Construction Noise Reduction Program, and any other reports or programs related to construction noise, air quality, and traffic.

41. Public Works - Implement Bay Area Air District (BAAD)-Recommended Measures during Construction. For all proposed projects, BAAD recommends implementing all the Basic Construction Mitigation Measures, listed below to meet the best management practices threshold for fugitive dust:

All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

All vehicle speeds on unpaved roads shall be limited to 15 mph.

All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

All construction equipment shall be maintained and properly tuned in accordance with manufacturer specifications. All equipment shall be checked by a certified visible emissions evaluator.

Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District ’s phone number shall also be visible to ensure compliance with applicable regulations.

42. Air Quality - Diesel Particulate Matter Controls during Construction. All off-road construction equipment used for projects with construction lasting more than 2 months shall comply with one of the following measures:

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The project applicant shall prepare a health risk assessment that demonstrates the project’s on-site emissions of diesel particulate matter during construction will not exceed health risk screening criteria after a screening-level health risk assessment is conducted in accordance with current guidance from BAAD and OEHHA. The health risk assessment shall be submitted to the Land Use Planning Division for review and approval prior to the issuance of building permits; or
All construction equipment shall be equipped with Tier 2 or higher engines and the most effective Verified Diesel Emission Control Strategies (VDECS) available for the engine type (Tier 4 engines automatically meet this requirement) as certified by the Cal ifornia Air Resources Board (CARB). The equipment shall be properly maintained and tuned in accordance with manufacturer specifications.

In addition, a Construction Emissions Minimization Plan (Emissions Plan) shall be prepared that includes the following:
i. An equipment inventory summarizing the type of off-road equipment required for each phase of construction, including the equipment manufacturer, equipment identification number, engine model year, engine certification (tier rating), horsepower, and engine serial number. For all VDECS, the equipment inventory shall also include the technology type, serial number, make, model, manufacturer, CARB verification number level, and installation date. ii. A Certification Statement that the Contractor agrees to comply fully with the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall constitute a material breach of contract. The Emissions Plan shall be submitted to the Public Works Department for review and approval prior to the issuance of building permits.

43. Construction and Demolition Diversion. Divert debris according to your plan and collect required documentation. Get construction debris receipts from sorting facilities in order to verify diversion requirements. Upload recycling and disposal receipts if using Green Halo and submit online for City review and approval prior to final inspection. Alternatively, complete the Construction Waste Management Plan and present it, along with your construction debris receipts, to the Building Inspector by the final inspection to demonstrate diversion rate compliance. The Zoning Officer may request summary reports at more frequent intervals, as necessary to ensure compliance with this requirement.

44. Low-Carbon Concrete. The project shall maintain compliance with the Berkeley Green Code (BMC Chapter 19.37) including use of concrete mix design with a cement reduction of at least 25 percent. Documentation on concrete mix design shall be available at all times at the construction site for review by City Staff. (Project required to meet applicable code at time of building permit application, if different from above.)

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45. Avoid Disturbance of Nesting Birds. Initial site disturbance activities, including vegetation and concrete removal, shall be prohibited during the general avian nesting season (February 1 to August 30), if feasible. If nesting season avoidance is not feasible, the applicant shall retain a qualified biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and activity status of any active nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to ensure that direct and indirect effects to nesting birds are avoided. To avoid the destruction of active nests and to protect the reproductive success of birds protected by the MBTA and CFGC, nesting bird surveys shall be performed not more than 14 days prior to scheduled vegetation and concrete removal.

In the event that active nests are discovered, a suitable buffer (typically a minimum buffer of 50 feet for passerines and a minimum buffer of 250 feet for raptors) shall be established around such active nests and no construction shall be allowed inside the buffer areas until a qualified biologist has determined that the nest is no longer active (e.g., the nestlings have fledged and are no longer reliant on the nest). No ground-disturbing activities shall occur within this buffer until the qualified biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Nesting bird surveys are not required for construction activities occurring between August 31 and January 31.

46. Archaeological Resources (Ongoing throughout demolition, grading, and/or construction). Pursuant to CEQA Guidelines section 15064.5(f), “provisions for historical or unique archaeological resources accidentally discovered during construction” should be instituted. Therefore:

In the event that any prehistoric or historic subsurface cultural resources are discovered during ground disturbing activities, all work within 50 feet of the resources shall be halted and the project applicant and/or lead agency shall consult with a qualified archaeologist, historian or paleontologist to assess the significance of the find.

If any find is determined to be significant, representatives of the project proponent and/or lead agency and the qualified professional would meet to determine the appropriate avoidance measures or other appropriate measure, with the ultimate determination to be made by the City of Berkeley. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and/or a report prepared by the qualified professional according to current professional standards.

In considering any suggested measure proposed by the qualified professional, the project applicant shall determine whether avoidance is necessary or feasible in light of factors such as the uniqueness of the find, project design, costs, and other considerations.

If avoidance is unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be in stituted. Work may proceed on other parts of the project site while mitigation measures for cultural resources is carried out.

If significant materials are recovered, the qualified professional shall prepare a report on the findings for submittal to the Northwest Information Center.

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47. Human Remains (Ongoing throughout demolition, grading, and/or construction). In the event that human skeletal remains are uncovered at the project site during ground- disturbing activities, all work shall immediately halt and the Alameda County Coroner shall be contacted to evaluate the remains, and following the procedures and protocols pursuant to Section 15064.5 (e)(1) of the CEQA Guidelines. If the County Coroner determines that the remains are Native American, the City shall contact the California Native American Heritage Commission (NAHC), pursuant to subdivision (c) of Section 7050.5 of the Health and Safety Code, and all excavation and site preparation activities shall cease within a 50- foot radius of the find until appropriate arrangements are made. If the agencies determine that avoidance is not feasible, then an alternative plan shall be prepared with specific steps and timeframe required to resume construction activities. Monitoring, data recovery, determination of significance and avoidance measures (if applicable) shall be completed expeditiously.

48. Paleontological Resources (Ongoing throughout demolition, grading, and/or construction). In the event of an unanticipated discovery of a paleontological resource during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist (per Society of Vertebrate Paleontology standards [SVP 1995,1996]). The qualified paleontologist shall document the discovery as needed, evaluate the potential resource, and assess the significance of the find. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find. If the City determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the project on the qualities that make the resource important, and such plan shall be implemented. The plan shall be submitted to the City for review and approval.

49. Halt Work/Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during construction, all work within 50 feet of the discovery shall be redirected. The project applicant and project construction contractor shall notify the City Planning Department within 24 hours. The City will again contact any tribes who have requested consultation under AB 52, as well as contact a qualified archaeologist, to evaluate the resources and situation and provide recommendations. If it is determined that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with Native American groups. If the resource cannot be avoided, additional measures to avoid or reduce impacts to the resource and to address tribal concerns may be required.

50. Stormwater Requirements. The applicant shall demonstrate compliance with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) permit as described in BMC Section 17.20. The following conditions apply:

The project plans shall identify and show site -specific Best Management Practices (BMPs) appropriate to activities conducted on -site to limit to the maximum extent practicable the discharge of pollutants to the City's storm drainage system, regardless of season or weather conditions.

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Trash enclosures and/or recycling area(s) shall be covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system; these drains should connect to the sanitary sewer. Applicant shall contact the City of Berkeley and EBMUD for specific connection and discharge requirements.

Discharges to the sanitary sewer are subject to the review, approval and conditions of the City of Berkeley and EBMUD.

Landscaping shall be designed with efficient irrigation to reduce runoff, promote surface infiltration and minimize the use of fertilizers and pesticides that contribute to stormwater pollution. Where feasible, landscaping should be designed and operated to treat runoff.

When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans.

Design, location and maintenance requirements and schedules for any stormwater quality treatment structural controls shall be submitted to the Department of Public Works for review with respect to reasonable adequacy of the controls. The review does not relieve the property owner of the responsibility for complying with BMC Chapter 17.20 and future revisions to the City's overall stormwater quality ordinances. This review shall be shall be conducted prior to the issuance of a Building Permit.

All paved outdoor storage areas must be designed to reduce/limit the potential for runoff to contact pollutants.

All on -site storm drain inlets/catch basins must be cleaned at least once a year immediately prior to the rainy season. The property owner shall be responsible for all costs associated with proper operation and maintenance of all storm drainage facilities (pipelines, inlets, catch basins, outlets, etc.) associated with the project, unless the City accepts such facilities by Council action. Additional cleaning may be required by City of Berkeley Public Works Engineering Dept.

All private or public projects that create and/or replace 5,000 square-feet or more of impervious surface must comply with Provision C.3 of the Alameda County NPDES permit and must incorporate stormwater controls to enhance water quality. Permit submittals shall include a Stormwater Requirement Checklist and detailed information showing how the proposed project will meet Provision C.3 stormwater requirements, including a) Site design measures to reduce impervious surfaces, promote infiltration, and reduce w ater quality impacts; b) Source Control Measures to keep pollutants out of stormwater runoff; c) Stormwater treatment measures that are hydraulically sized to remove pollutants from stormwater; d) an O & M (Operations and Maintenance) agreement for all sto rmwater treatment devices and installations; and e) Engineering calculations for all stormwater devices (both mechanical and biological). (Project required to meet applicable code at time of building permit application, if different from above.) All on-site storm drain inlets must be labeled “No Dumping – Drains to Bay” or equivalent using methods approved by the City.

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Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge or soaps or other pollutants to the storm drain. Sanitary connections are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

All loading areas must be designated to minimize “run -on” or runoff from the area.

Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer or intercepted and pretreated prior to discharge to the stor m drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control and spill cleanup.

Sidewalks and parking lots shall be swept regularly to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the sanitary district with jurisdiction for receiving the discharge.

The applicant is responsible for ensuring that all contractors and sub -contractors are aware of and implement all stormwater quality control measures. Failure to comply with the approved construction BMPs shall result in the issuance of correction notices, citations, or a project stop work order.

51. Public Works. Subject to approval of the Public Works Department, the applicant shall repair any damage to public streets and/or sidewalks by construction vehicles traveling to or from the project site.

52. Public Works. All piles of debris, soil, sand, or other loose materials shall be covered at night and during rainy weather with plastic at least one-eighth millimeter thick and secured to the ground.

53. Public Works. The applicant shall ensure that all excavation accounts for surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way.

54. Public Works. The project sponsor shall maintain sandbags or other devices around the site perimeter during the rainy season to prevent on-site soils from being washed off-site and into the storm drain system. The project sponsor shall comply with all City ordinances regarding construction and grading.

55. Public Works. Prior to any excavation, grading, clearing, or other activities involving soil disturbance during the rainy season the applicant shall obtain approval of an erosion prevention plan by the Building and Safety Division and the Public Works Department. The applicant shall be responsible for following these and any other measures required by the Building and Safety Division and the Public Works Department.

56. Public Works. The removal or obstruction of any fire hydrant shall require the submission of a plan to the City’s Public Works Department for the relocation of the fire hydrant during construction.

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57. Public Works / Building and Safety. If underground utilities leading to adjacent properties are uncovered and/or broken, the contractor involved shall immediately notify the Public Works Department and the Building & Safety Division, and carry out any necessary corrective action to their satisfaction.

Prior to Final Inspection or Issuance of Occupancy Permit:

58. Compliance with Conditions and Environmental Mitigations. The project shall conform to the plans and statements in the Use Permit. The developer is responsible for providing sufficient evidence to demonstrate compliance with the requirements throughout the implementation of this Use Permit. Occupancy is subject to verification of compliance to the Mitigation Monitoring and Reporting Program.

59. All landscape, site and architectural improvements shall be completed per the attached approved drawings dated April 11, 2025.

60. Percent for Public Art. Consistent with BMC Section 23.316, the applicant shall either pay the required in-lieu fee or provide the equivalent amount in a financial guarantee to be released after installation of the On-Site Publicly Accessible Art.

61. Transportation Demand Management. Prior to issuance of a Certificate of Occupancy, the property owner shall facilitate a site inspection by Land Use Division staff to confirm that the physical improvements required in BMC Sections 23.334.030(C) and 23.322.090 (bike parking) have been installed. A Parking and Transportation Demand Management (PTDM) compliance report documenting that the programmatic measures required in BMC Sections 23.334.030(C) and 23.322.090 are implemented shall be submitted to the Land Use Division prior to occupancy, and on an annual basis thereafter, which demonstrates that the project is compliant with the applicable requirements in these sections.

Consistent with BMC Section 23.334.030(A), all parking spaces provided for residents be leased or sold separate from the rental or purchase of dwelling units for the life of the dwelling units. The property owner shall notify all residents of this restriction in leases and/or contracts, and shall provide sample leases and/or contracts including such notification to the project planner prior to issuance of Certificate of Occupancy or final inspection.

Consistent with BMC Section 23.334.030(C), publicly-available, real -time transportation information in a common area, such as a lobby or elevator bay, on televisions, computer monitors or other displays readily visible to residents and/or visitors, shall be provided.

Transportation information shall include, but is not limited to, transit arrivals and departures for nearby transit routes.

Property owners may be required to pay administrative fees associated with compliance with this Condition.

At All Times:

62. Compliance with Approved Plan. The project shall conform to the plans and statements in the Use Permit.

2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 24 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

63. Transportation Demand Management Compliance. A Transportation Demand Management compliance report shall be submitted to the Zoning Officer, on a form acceptable to the City, prior to occupancy, and on an annual basis for ten years thereafter, which demonstrates that the project complies with the applicable requirements. After three years of timely compliant submittals, staff has the option to accept less frequent submittals (minimum one every three years). Property owners may be required to pay administrative fees associated with compliance with this Condition, pursuant to BMC Section

23.334.040(B).

64. Exterior Lighting. All exterior lighting shall be energy efficient where feasible; and shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property.

65. Rooftop Projections. No additional rooftop or elevator equipment shall be added to exceed the approved maximum roof height without submission of an application for a Use Drainage Patterns. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way. Drainage plans shall be submitted for approval of the Building & Safety Division and Public Works Department, if required.

66. Electrical Meter. Only one electrical meter fixture may be installed per dwelling unit.

67. Loading. All loading/unloading activities associated with deliveries to all uses shall be restricted to the hours of 7:00 a.m. to 10:00 p.m. daily.

68. Residential Permit Parking. No Residential Permit Parking (RPP) permits shall be issued to project residents, nor shall commercial placards be issued to non-residential occupants and/or users of the site. The Finance Department, Customer Service Center shall add these addresses to the list of addresses ineligible for RPP permits. The property owner shall notify all tenants of rental units, and/or buyers of condominium units, of this restriction in leases and/or contracts.

69. Required Bike Parking. Secure and on-site bike parking for at least 72 Long-Term and 8 Short-Term bicycles shall be provided for the life of the building.

XX SQ. FT.
1 2 3
4 A6.1
A
1 ROOM

IDENTIFICATION

WALL OR

FLOOR TAG
ALIGN
WINDOW
TAG
DOOR
TAG
GRID
LINES

PROPERTY
LINE

SEE KEYNOTE
LEGEND

ROOM NUMBER

ROOM NAME

SEE PARTITION

SCHEDULE

KEYNOTE
SYMBOL

CENTERLINE

REVISION

SECTION

DRAWING
NUMBER

SHEET NUMBER

WINDOW TYPE
DOOR

NUMBER ELEVATION

SHEET NUMBER

ELEVATION
NUMBER

CALL-OUT

SHEET NUMBER

DETAIL NUMBER
FLOOR

TRANSITION CEILING TAG

DOOR TYPE

CLOUD DENOTES

REVISED AREA
APPROX. AREA
LOBBY
001
11 11 00.1

CEILING TYPE

HEIGHT ABOVE

FINISH FLOOR
ADA

ADA-COMPLIANT
HARDWARE REQ.
2 C1
A6.1
4 A3.1
5 B1
201
B1
C1
9'-0"
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1 2
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ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
12" = 1'-0"
24001
2425 Durant Ave Housing
01/31/2025
A0.0

GENERAL

INFORMATION

PROJECT DESCRIPTION

DRAWING LIST

LOCATION MAP
PROJECT ADDRESS:
2425 DURANT AVE, BERKELEY, CA 94704
APN: 55-1878-7-1
SCOPE OF WORK:

REMOVAL OF ALL EXISTING STRUCTURES AND NEW CONSTRUCTION OF A 20 STORY HOUSING DEVELOPMENT WITH 169 DWELLING UNITS, WITH STATE OF CALIFORNIA DENSITY BONUS.

BUILDING SUMMARY:

CONSTRUCTION TYPE: TYPE I
OCCUPANCY: RESIDENTIAL GROUP R-2
PROJECT SPONSOR:
2425 DURANT AVENUE LLC
DESIGN ARCHITECT:

YES COMMUNITY ARCHITECTS INC
1250 ADDISON ST UNIT 105
BERKELEY CA 94702
(510)214-3676
[email protected]
DEVELOPMENT CONSULTANT:

RHOADES PLANNING GROUP
2140 SHATTUCK AVE SUITE 705
BERKELEY CA 94704
(510)545-4341
GENEVA HESNER [email protected]
MARK RHOADES [email protected]
CIVIL ENGINEER:

SANDIS
636 9TH ST, OAKLAND, CA 94607
408.636.0900
WWW.SANDIS.NET
LANDSCAPE ARCHITECT:

NICOLAUS WRIGHT
513 CLAYTON AVE.

EL CERRITO, CA 94530
503.754.7078

CONCEPTUAL VIEW LOOKING UP DURANT AVE
2425

BANCROFT WAY

DURANT AVE

TELEGRAPH AVE

DANA ST
A0.0 GENERAL INFORMATION
A0.1 ZONING CODE DATA
A0.2 DENSITY BONUS TABLE
A0.2A BASE PROJECT DIAGRAMS
A0.2B DENSITY BONUS + OPEN SPACE DIAGRAMS
A0.2C AFFORDABLE HOUSING COMPLIANCE PLAN
A0.3A SHADOW STUDIES - OCT 21
A0.3B SHADOW STUDIES - JUN 21
A0.3C SHADOW STUDIES - DEC 21
A0.4 SITE PHOTOGRAPHS
A0.5 SOUTHSIDE CONTEXT MAP
A1.0 SURVEY / EXISTING SITE PLAN
A1.1 SITE PLAN
A2.0 FLOOR PLAN - BASEMENT LEVEL
A2.1 FLOOR PLAN - LEVEL 1 & 2
A2.2 FLOOR PLAN - TYPICAL RESIDENTIAL LEVEL L3 - L7
A2.3 FLOOR PLAN - AMENITY LEVELS L8, L13, L17
A2.4 FLOOR PLAN - TYPICAL RESIDENTIAL LEVEL L9-L12, L14-L16, L18-L19 A2.5 FLOOR PLAN - LEVEL 20 & ROOF
A3.1 BUILDING ELEVATIONS
A3.2 BUILDING ELEVATIONS
A3.3 SECTION DRAWINGS
A3.4 STREET STRIP ELEVATION
A3.5 PERSPECTIVE RENDERINGS
A3.6 PERSPECTIVE RENDERINGS
A3.7 PHOTO SIMULATIONS
A3.8 PHOTO SIMULATIONS
A3.9 BIRD SAFETY EXTERIOR DIAGRAMS
A3.10 BIRD SAFETY EXTERIOR DIAGRAMS
C0.1 TOPOGRAPHIC SURVEY
C1.0 SITE, GRADING, AND UTILITY PLAN
C2.0 STORMWATER MANAGEMENT PLAN
C2.1 STORMWATER SUPPLEMENTAL FORMS
C2.2 STORMWATER SUPPLEMENTAL FORMS
L1.0 LANDSCAPE SITE PLAN

CODE COMPLIANCE
THE PROPOSED PROJECT SHALL COMPLY WITH THE 2022 CALIFORNIA BUILDING, RESIDENTIAL,

MECHANICAL, ELECTRICAL, PLUMBING, ENERGY, FIRE, EXISTING AND GREEN BUILDING STANDARDS CODE AS AMENDED BY THE CITY OF BERKELEY, AS APPLICABLE.

THE PROPOSED PROJECT IS DESIGNED TO COMPLY WITH THE BERKELEY ENERGY CODE (BMC CHAPTER 19.36) AND BERKELEY GREEN CODE (BMC CHAPTER 19.37) 12" = 1'-0"1 SYMBOL LEGEND
Attachment 1, Exhibit C

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Date
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Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A0.1

ZONING CODE
DATA
ROOFTOP MECHANICAL AREA MAY NOT EXCEED 15% OF THE AVERAGE FLOOR AREA OF ALL THE

BUILDING'S STORIES REQUEST FOR DB WAIVER COMPLIES W/ DB WAIVER LANDSCAPED OPEN SPACE MIN. 40% OF REQ'D USABLE OPEN
SPACE 1,200 PROVIDED 0 COMPLIES W/ DB WAIVER
USABLE OPEN SPACE MIN. 40 SF PER 1000 SF OF RFA 3,400 1,012 COMPLIES W/ DB WAIVER PARKING NONE REQUIRED 0 0 COMPLIES
REAR 4 FT. 4 FT. VARIES (0' TO 5') COMPLIES W/ DB WAIVER SIDE NO MIN. VARIES (3'-6" TO 4'-6") VARIES (5' TO 11') COMPLIES FRONT NO MIN. 0' VARIES (0' TO 8'-11") COMPLIES

SETBACKS
FOOTPRINT <9,750 PER LOT COVERAGE 7,581 8,334 COMPLIES
LOT COVERAGE 100% MAX 78% 85% COMPLIES
HEIGHT - STORIES N/A 9 20 COMPLIES
HEIGHT - FEET 85' 84'-6" 208' COMPLIES W/ DB WAIVER
GROSS FLOOR AREA 68,250 68,170 148,940 COMPLIES
RESIDENTIAL FLOOR AREA N/A 65,869 130,972 COMPLIES
FLOOR AREA RATIO (FAR) 7 MAX 6.99 15.28 COMPLIES W/ DB WAIVER TOTAL LOT SIZE (ACRES) .223 AC COMPLIES
TOTAL LOT SIZE (SQFT) 9,750 COMPLIES

ZONING R-SMU COMPLIES

BASE ZONING ALLOWABLE /

REQUIRED BASE PROJECT PROPOSED W/ DENSITY BONUS ZONING COMPLIANCE

ZONING SUMMARY TABLE

WAIVER REQUEST

WAIVER REQUEST

WAIVER REQUEST

WAIVER REQUEST

COMPLIES

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Date
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Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A0.2

DENSITY BONUS
TABLE

7029 SF
Base Project Level 1
984 SF

ON GRADE

LANDSCAPED

OPEN SPACE

COURTYARD

WITH TREE
75'-0"
76'-6" 32'-0" 17'-6" 4'-0"

MECHANICAL (EXCLUDED FROM RFA)
35'-0"
18'-0"
4'-6"

LOBBY /
MAIL/

AMENITY
SPACE
12 3
4 5
4'-0"88'-4"37'-8"
3'-6"
17'-0"
RES.

AMENITY
SPACE
SHORT TERM BICYCLE PARKING (4 SPACES) IN PUBLIC RIGHT OF WAY 7355 SF
Base Project Level 6
4647
48 49
50 51
52 53
54 55
7355 SF
Base Project Level 2
67 8
9 10 11
12 13
14 15
7355 SF
Base Project Level 7
5657
58 59
60 61
62 63
64 65
7355 SF
Base Project Level 3
1617
18 19
20 21
22 23
24 25
7355 SF
Base Project Level 8
6667
68 69
70 71
72 73
74 75
7355 SF
Base Project Level 4
2627
28 29
30 31
32 33
34 35
7355 SF
Base Project Level 9
77 78
79 80 81
82 83
84 85
76 7355 SF
Base Project Level 5
3637
38 39
40 41
42 43
44 45
2200 SF

ROOF DECK
OPEN
SPACE
43'-0"

UTILITIES ON ROOF
13'-0"

EXTERIOR

OPEN AIR
STAIR
52'-4"
22'-5"
216 SF

LANDSCAPED

OPEN SPACE

LOWEST GRADE
84' - 6"
LEVEL 1
LEVEL 2
LEVEL 3
LEVEL 4
LEVEL 5
LEVEL 6
LEVEL 7
LEVEL 8
LEVEL 9

ROOF DECK
TYP.
9' - 0"

BASEMENT LEVEL
(FINISHED GRADE)

MECHANICAL

BIKE PARKING
42 LONG TERM

SPACES PROVIDED
TRASH

MECHANICAL
*MECHANICAL

EXCLUDED FROM GFA

COUNT WHEN BELOW

FINISHED GRADE
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Date
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Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
1" = 20'-0"
24001
2425 Durant Ave Housing
01/31/2025
A0.2A

BASE PROJECT

DIAGRAMS
1" = 20'-0"2 LEVEL 1
1" = 20'-0"7 LEVEL 6
1" = 20'-0"3 LEVEL 2
1" = 20'-0"8 LEVEL 7
1" = 20'-0"4 LEVEL 3
1" = 20'-0"9 LEVEL 8
1" = 20'-0"5 LEVEL 4
1" = 20'-0"10 LEVEL 9
1" = 20'-0"6 LEVEL 5 1" = 20'-0"11 ROOF
1" = 20'-0"12 BASE PROJECT SECTION
1" = 20'-0"1 BASEMENT LEVEL

2518 SF
L2 Area
3383 SF
L1 Area
6672 SF
L8 Area
7088 SF
L3 Area
5726 SF
L20 Area
1012 SF

OPEN SPACE
6769 SF
L13 Area
0 16 32 64
1012 SF

OPEN SPACE
25'-10"
38'-5"
23'-2"
17'-10"20'-7"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2

BASEMENT
Roof

ELEVATOR ROOF

AMENITY

AMENITY

ROOF DECK

OPEN SPACE

AMENITY

AMENITY
LOBBY
6'-0"
TYP.
10' - 0" 190' - 0" 8' - 0"
FFE: 247.0
15' - 0"
1" = 20'-0"8 L20 - OPEN SPACE DIAGRAM
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Date
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Sheet No.
1 2
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ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.2B

DENSITY BONUS
+ OPEN SPACE

DIAGRAMS
1" = 20'-0"2 L2
1" = 20'-0"1 L1
1" = 20'-0"4 L8 + L17
1" = 20'-0"3 L3-L7, L9-L12, L14-L16, L18-L19
1" = 20'-0"6 L20
1" = 20'-0"5 L13
1" = 20'-0"7 ROOF
3/64" = 1'-0"9 PROPOSED DENSITY BONUS SECTION

OPEN SPACE DIAGRAM
1" = 20'-0"10 Basement

0 16 32 64

DIAGONAL HATCH INDICATES

RESIDENTIAL UNIT FLOOR AREA

GREY TONE INDICATES
MISC.

CROSSHATCH INDICATES

RESIDENTIAL AMENITIES
7029 SF
Base Project Level 1
1200 SF

ON GRADE

COURTYARD

WITH TREE
75'-0"
76'-6" 32'-0" 17'-6" 4'-0"

MECHANICAL (NOT INCLUDED)
35'-0"
18'-0"
4'-6"
12 3
4 5
4'-0"88'-4"37'-8"
3'-6"
17'-0"

LOBBY /

AMENITY

SPACEBIKE PARKING
LOUNGE
72 LONG TERM
SPACES
8 SHORT TERM
SPACES
7355 SF
Base Project Level 6
5647
48 49
50 51
52 53
54 55
7355 SF
Base Project Level 2
67 8
9 10 11
12 13
14 15
7355 SF
Base Project Level 7
6657
58 59
60 61
62 63
64 65
7355 SF
Base Project Level 3
1617
18 19
20 21
22 23
24 25
7355 SF
Base Project Level 8
7667
68 69
70 71
72 73
74 75
7355 SF
Base Project Level 4
3627
28 29
30 31
32 33
34 35
7355 SF
Base Project Level 9
77 78
79 80 81
82 83
84 85
7355 SF
Base Project Level 5
4637
38 39
40 41
42 43
44 45
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1 2
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ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.2C

AFFORDABLE

HOUSING

COMPLIANCE
PLAN
1" = 20'-0"1 LEVEL 1
1" = 20'-0"2 LEVEL 2
1" = 20'-0"3 LEVEL 3
1" = 20'-0"4 LEVEL 4
1" = 20'-0"5 LEVEL 5
1" = 20'-0"6 LEVEL 6
1" = 20'-0"7 LEVEL 7
1" = 20'-0"8 LEVEL 8
1" = 20'-0"9 LEVEL 9
TOTAL NUMBER OF RESIDENTIAL UNITS IN BASE PROJECT:
5+10+10+10+10+10+10+10+10= 85 BASE PROJECT RES. UNITS
TOTAL RUFA IN THE BASE PROJECT:
3,336.45+6778.15+6778.15+6778.15+6778.15+6778.15+6778.15+6778.15+6778.15 =57,561 SF RUFA AREA:
636.13
1099.48
461.59
597.58
541.67

RESIDENTIAL
UNIT
FLOOR AREA:
3336.45 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF
RUFA AREA:
1189.51
1196.25
461.59
597.58
541.67
540.72
473.21
567.85
576.58
633.19

RESIDENTIAL
UNIT
FLOOR AREA:
6778.15 SF

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

NEW SHADOW AT RESIDENTIAL BUILDING

ALL BUILDINGS SHADOWED ARE SHOWN ON THE DIAGRAM
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Project No.

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Drawn by
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Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.3A
SHADOW

STUDIES - OCT
21 DURANT AVE
SHADOW STUDY - OCT 21: NOON
SHADOW STUDY - OCT 21: 2 HRS BEFORE SUNSET

BANCROFT WAY TELEGRAPH AVE
SHADOW STUDY - OCT 21: 2 HRS AFTER SUNRISE
2419
DURANT
(RESIDENTIAL)
2400

BANCROFT
(RESIDENTIAL)
2428

BANCROFT
(RESIDENTIAL)
2301

TELEGRAPH
(RESIDENTIAL)
2328

TELEGRAPH
(RESIDENTIAL)
2580

BANCROFT
(RESIDENTIAL)
2468 BANCROFT
(RESIDENTIAL)
2468 BANCROFT
(RESIDENTIAL)
2480 BANCROFT
(RESIDENTIAL)
2454

BANCROFT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

NEW SHADOW AT RESIDENTIAL BUILDING

ALL BUILDINGS SHADOWED ARE SHOWN ON THE DIAGRAM
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Drawing Title
Project No.

Date
Drawn by
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JO
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Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.3B
SHADOW

STUDIES - JUN
21 SHADOW STUDY - JUN 21: NOON
SHADOW STUDY - JUN 21: 2 HRS BEFORE SUNSET
SHADOW STUDY - JUN 21: 2 HRS AFTER SUNRISE
2419
DURANT
(RESIDENTIAL)
2400

BANCROFT
(RESIDENTIAL)2417
DURANT
(RESIDENTIAL)
2411
DURANT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY
2328

TELEGRAPH
(RESIDENTIAL)
2428

BANCROFT
(RESIDENTIAL)
2419
DURANT
(RESIDENTIAL)
2417
DURANT
(RESIDENTIAL)

DARK TONE GREY INDICATES SHADOWS

FROM EXISTING BUILDINGS

LIGHTER TONE GREY INDICATES SHADOWS

FROM PROPOSED BUILDING

NEW SHADOW AT RESIDENTIAL BUILDING

ALL BUILDINGS SHADOWED ARE SHOWN ON THE DIAGRAM
0 16 32 64
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Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A0.3C
SHADOW

STUDIES - DEC
21 SHADOW STUDY - DEC 21: NOON
SHADOW STUDY - DEC 21: 2 HRS BEFORE SUNSET
SHADOW STUDY - DEC 21: 2 HRS AFTER SUNRISE
2419
DURANT
(RESIDENTIAL)
2400

BANCROFT
(RESIDENTIAL)
2428

BANCROFT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE

DURANT AVE

BANCROFT WAY

TELEGRAPH AVE
2454

BANCROFT
(RESIDENTIAL)
2460 BANCROFT
(RESIDENTIAL)
2468 BANCROFT
(RESIDENTIAL)

DURANT AVE

BANCROFT WAY TELEGRAPH AVE

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY

DANA ST

CHANNING WAY

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C-36175
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52 YFF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A0.4
SITE

PHOTOGRAPHS
2425 DURANT AVE

PROJECT SITE
2419 DURANT AVE
4-STORY RESIDENTIAL
2433 DURANT AVE
2-STORY COMMERCIAL
2439 DURANT AVE
2-STORY COMMERCIAL
2344 TELEGRAPH AVE
4-STORY MIXED-USE
2400 DURANT AVE
9-STORY RESIDENTIAL
2400 DURANT AVE
9-STORY RESIDENTIAL
2401 DURANT AVE
8-STORY RESIDENTIAL
2411 DURANT AVE
3-STORY RESIDENTIAL
2417 DURANT AVE
2-STORY RESIDENTIAL
2419 DURANT AVE
4-STORY RESIDENTIAL
2425 DURANT AVE

PROJECT SITE
2433 DURANT AVE
2-STORY COMMERCIAL
2425 DURANT AVE

PROJECT SITE

VIEW FROM DURANT LOOKING WEST VIEW FROM DURANT LOOKING EAST

BIRD'S EYE VIEW

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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A0.5

SOUTHSIDE
CONTEXT MAP2300 ELLSWORTH
2350 TELEGRAPH
2530 BANCROFT
2462 BANCROFT
2480 BANCROFT

UNDER CONSTRUCTION

PEOPLE'S PARK

HOUSING
2302 CHANNING
2298 DURANT
2425 DURANT (SITE)
2435 HASTE
2442 HASTE
2587 TELEGRAPH
UNDER

CONSTRUCTION
2660 - 2680 BANCROFT

FUTURE SOUTHSIDE PROJECTS

CHANNING WAY

DURANT AVE

HASTE ST

BANCROFT WAY

TELEGRAPH AVE

CAMPANILE

0 16 32 64

EXISTING BUILDING
1472 SF FOOTPRINT EXISTING BUILDING
2000 SF FOOTPRINT

EXISTING BUILDING
810 SF FOOTPRINT
2'-10"
2'-1"
14'-10"
H

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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A1.0

SURVEY /

EXISTING SITE
PLAN
3/32" = 1'-0"2 SURVEY / EXISTING SITE PLAN

5'-4"
7'-0"

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK
2433 DURANT AVE

EXISTING BUILDING
3-STORY COMMERCIAL

NO NEW WORK

EXISTING BUILDING
4-STORY RESIDENTIAL

NO NEW WORK
2419 DURANT AVE

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK
7'-6"
6'-6"
130'-0"
75'-0"

DURANT AVE

SIDEWALK

NEW PROPOSED PROJECT

OVERHANG ABOVE
8'-8"

OVERHANG ABOVE
7'-10"
SHORT TERM BICYCLE PARKING (8 SPACES)
6'-10"
0' REAR SETBACK
5'-0" 5'-0" 5'-0"
2'-10"
0 16 32 64
5'-4"
7'-0"

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK

EXISTING BUILDING
3-STORY COMMERCIAL

NO NEW WORK

EXISTING BUILDING
4-STORY

RESIDENTIAL

NO NEW WORK

EXISTING BUILDING
2-STORY COMMERCIAL

NO NEW WORK
7'-6"
6'-6"
130'-0"
75'-0"

DURANT AVE

SIDEWALK

PROPOSED PROJECT

LOT COVERAGE
(FOOTPRINT): 7447 SF
(INCLUDING CANTILEVERS): 8334 SF
4'-4"
3'-2"

PROPOSED PROJECT
CANTILEVER: 575 SF

PROPOSED PROJECT
CANTILEVER: 312 SF
121'-4"
0' REAR SETBACK

INDICATES LOT COVERAGE
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Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
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Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A1.1

SITE PLAN
3/32" = 1'-0"1 SITE PLAN - PROPOSED
3/32" = 1'-0"2 SITE PLAN - LOT COVERAGE DIAGRAM

0 16 32 64
STAIR
STAIR

SERVICE &
BLDG.

STORAGE
2 3

A B D E G H
5 1
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
4 ELEV.

PIT

MAIN ELECTRICAL

MAINTENANCE WORKSHOP
MECH.

EMERGENCY ELEC. /

SWITCH GEAR ROOM

FIRE WATER

CISTERN

UTILITY

POINT OF
ENTRY

STORMWATER

FILTRATION

ROOM & TANK
1'-6"
1'-6" 1'-6"72'-0"
2'-0"
55'-6" 43'-5" 27'-7" 3'-6"
H

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ORF
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TI ECTU
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C-36175
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52 YFF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.0

FLOOR PLAN -

BASEMENT
LEVEL
1/8" = 1'-0"1 BASEMENT PLAN

2 1
2 3

A B D E G H
5 1

ELEVELEV
STAIR
STAIR

BIKE REPAIR

EMERGENCY

GENERATOR
MAIL
CORRAL
FIRE

COMMAND
CENTER
LONG
TERM

BICYCLE

PARKING
(72)
SPACES

BACK OF HOUSE

OPERATIONS

PACKAGE ROOM
MDF
BOILER
ROOM
FIRE
PUMP
ROOM
EXIT

XFORMER /
MAIN

ELECTRICALENTRY

ELEVATOR
LOBBY
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
55'-6" 43'-5" 31'-1"
7'-0"

UTILITY
75'-0"
A3.1
2 A3.1 1
A3.21
A3.2
2 LOBBY
1 A3.3
8'-3"
8'-8"
7'-6"
5'-4"
6'-10"
8'-10"
4'-8"
1 2
4 SERVICE
A3.91
A3.9
2 A3.10
2 A3.10 1

PLANTING

PLANTING PLANTING
A3.11
2 A3.11 1
A3.121
A3.12
2 2
A3.3
5'-0"
PUMP
ROOM
TRASH
GATE
GATE
2 3

A B D E G H
5 1
STAIR
STAIR

OPEN TO
BELOW

OPEN TO
BELOW

ELEVATOR
LOBBY
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
55'-6" 43'-5" 31'-1"
STUDY
SPACES

SERVICE

OPEN TO
BELOW

OPEN TO
BELOW

OPEN TO
BELOW
4 1/1
532 SF
TRASH

OPEN TO
BELOW

OPEN TO
BELOW

OPEN TO

BELOWOPEN TO
BELOW

OPEN TO
BELOW

OPEN TO
BELOW
0 16 32 64
H

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TI ECTU
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C-36175
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52 YFF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.1

FLOOR PLAN -
LEVEL 1 & 2
1/8" = 1'-0"1 PLAN - LEVEL 1 - GROUND FLOOR
1/8" = 1'-0"2 PLAN - LEVEL 2

2 3

A B D E G H
5 1
5' - 4"
5' - 4"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"5'-6" 29'-6" 6'-0" 29'-0" 5'-0" 55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
5'-6"
4 2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
3'-6"
4'-7"
TRASH
SVC
A3.91
A3.9
2 A3.121
A3.12
2 2
3 A B D E G H
5 1
4 1'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
TRASH
SVC
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
0 16 32 64
H

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LCI EN ES D RA C
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TI ECTU
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C-36175
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52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.2

FLOOR PLAN -

TYPICAL

RESIDENTIAL
LEVEL L3 - L7 1/8" = 1'-0"1 PLAN - LEVEL 3 - TYP. RES. LEVEL 1/8" = 1'-0"2 PLAN - LEVEL 7 - TYP. RES. LEVEL

2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
DINING + KITCHEN
11'-0"

LAUNDRY
LOUNGE
FLEX
SPACE

JANITOR'S CLOSET /

STORAGE
4 STUDIO
351 SF
3/1.5
1156 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
TRASH
SVC
2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"

LAUNDRY

PRIVATE
STUDY

PRIVATE
STUDY

PRIVATE
STUDY

JANITOR'S CLOSET
10'-1"
4 STUDIO
351 SF
2/1.5
841 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
TRASH
SVC

AMENITY
LOUNGE
0 16 32 64
H

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ORF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.3

FLOOR PLAN -

AMENITY LEVELS
L8, L13, L17
1/8" = 1'-0"2 PLAN - LEVEL 8 + LEVEL 17
1/8" = 1'-0"1 PLAN - LEVEL 13

2 3

A B D E G H
5 1
4 A3.91
A3.9
2 5' - 4"
5' - 4"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"5'-6" 29'-6" 6'-0" 29'-0" 5'-0" 55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
5'-6"
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
3'-6"
4'-7"
TRASH
SVC
A3.121
A3.12
2 2
3 A B D E G H
5 1
4 1'-0"
STUDIO
351 SF
2/1.5
841 SF
3/1.5
1156 SF
2/1
696 SF
2/1
696 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
366 SF
TRASH
SVC
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
0 16 32 64
H

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LCI EN ES D RA C
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TI ECTU
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C-36175
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52 YFF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.4

FLOOR PLAN -

TYPICAL

RESIDENTIAL
LEVEL L9-L12,
L14-L16, L18-L19
1/8" = 1'-0"1
PLAN - LEVEL 9, 10, 14-16 - TYP. RES.

LEVEL
1/8" = 1'-0"2
PLAN - LEVEL 11, 12, 18-19 - TYP. RES.

LEVEL

2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"
UP
UP
INDOOR
LOUNGE

COVERED

OUTDOOR
LOUNGE

W/ TRELLIS

ROOF DECK,
SLD

LAUNDRY

JANITOR'S CLOSET

STORAGE
WORK
BOOTH
4 AMENITY
LOUNGE
STUDIO
351 SF
3/1.5
1156 SF
STUDIO
359 SF
STUDIO
352 SF
STUDIO
359 SF
STUDIO
352 SF
TRASH
SVC
2 3

A B D E G H
5 1
55'-6" 43'-5" 31'-1"
5'-6" 29'-6" 6'-0" 29'-0" 5'-0"

ROOFTOP MECHANICAL

AND SOLAR (LAYOUT
TBD)

ELEVATOR

OVERRUN
STAIR
1 A3.3
4 ELEVATOR

OVERRUN

ROOF ACCESS
2 A3.3
0 16 32 64
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52 YFF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A2.5

FLOOR PLAN -
LEVEL 20 &
ROOF
1/8" = 1'-0"1 PLAN - ROOF
1/8" = 1'-0"2 PLAN - LEVEL 20

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof

A B D E G H
2 2
2 4
4 4
4 5
3A
3A
3A
1 4
3APROPERTY LINE

PROPERTY LINE ELEVATOR ROOF
3B
TYP.
10' - 0" 190' - 0" 8' - 0"
FFE: 247.0

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
235 1

MAX HEIGHT
208' - 0"
8' - 0"
TYP
10' - 0"
2 2
2 4
4 4
4 5
1 FFE: 247.0

PROPERTY LINE

PROPERTY LINE

ELEVATOR ROOF
4 3B
3B
3B
3A
1 3A
2"6"10"
1'-2" 1'-0"
8"
6"
4 A3.1
Sim
3 A3.1
Sim
1'-0"
1'-2"
1'-0" 2"
6"
H

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TI ECTU
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C-36175
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52 YFF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.1

BUILDING

ELEVATIONS
3/64" = 1'-0"2 ELEVATION - SOUTH (DURANT AVE)
3/64" = 1'-0"1 ELEVATION - WEST

EXTERIOR MATERIALS KEY
5) EXPOSED CONCRETE
4) ALUMINUM AND GLASS

STOREFRONT WITH DICHROIC FILM
3A) DARK ALUMINUM METAL PANEL
2) LIGHT WHITE

CLARK PACIFIC

INFINITE SERIES
1) DARK GREY

CLARK PACIFIC

INFINITE SERIES
3B) LIGHT ALUMINUM METAL PANEL
3B
4 1
2 3A
3A
AXON VIEW OF AMENITY SPACE ADJACENT TO CORRIDOR 1" = 1'-0"3 FACADE PLAN DETAIL 1" = 1'-0"4 FACADE PLAN DETAIL

INTERIOR

EXTERIOR

INTERIOR

EXTERIOR

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
2 3 51
1 1
2 3A
3A
3A

PROPERTY LINE

PROPERTY LINE

ELEVATOR ROOF
4 3B
2 8'-0"190'-0"
TYP.
10'-0"
FFE: 247.0

MAX HEIGHT
208'-0"
4 LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
ABDEGH
2 1
2 3A

PROPERTY LINE

PROPERTY LINE

ELEVATOR ROOF
2 1
3B
TYP.
10'-0" 190'-0" 8'-0"
FFE: 247.0
H

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TI ECTU
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C-36175
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D
52 YFF
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Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
3/64" = 1'-0"
24001
2425 Durant Ave Housing
01/31/2025
A3.2

BUILDING

ELEVATIONS
3/64" = 1'-0"1 ELEVATION - EAST
3/64" = 1'-0"2 ELEVATION - NORTH
5) EXPOSED CONCRETE
4) ALUMINUM AND GLASS

STOREFRONT WITH DICHROIC FILM
3A) DARK ALUMINUM METAL PANEL
2) LIGHT WHITE

CLARK PACIFIC

INFINITE SERIES
1) DARK GREY

CLARK PACIFIC

INFINITE SERIES
3B) LIGHT ALUMINUM METAL PANEL

EXTERIOR MATERIALS KEY

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2

BASEMENT
Roof

ELEVATOR ROOF

DURANT AVE

TO ROOF
200' - 0"TYP
10' - 0"
8'-0"
LOBBY
FIRE
WATER

CISTERN
ELEC. MAIN
5'-0"
5'-0"
2'-0"
FFE: 247.0
3'-6" 9'-6"
15'-0"
FIRE
PUMP
ROOM
8'-0"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2

BASEMENT
Roof

ELEVATOR ROOF

AMENITY
ELEV. OVERRUN

AMENITY

AMENITY
PKG
ROOM
TYP.
10' - 0" 190' - 0" 8'-0"
FFE: 247.0
5'-0"

AMENITY

BIKE ROOM

AMENITY

PARAPET HEIGHT
8'-0"
A3.3
5 Sim
A3.3
4 Sim
4'-6"
3'-10"
15'-0"
13'-0"

MECHSVC
8'-0"
L8
L9
10"6"2"
4'-0"
4'-0"
6" 10"2"
L13
L14
6'-3"
1'-6"
6'-3"
1'-6"
L8
L9
3'-8"
1'-0"
3'-8"
1'-0"
H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.3

SECTION

DRAWINGS
3/64" = 1'-0"1 BUILDING SECTION - N/S
3/64" = 1'-0"2 BUILDING SECTION - E/W
1" = 1'-0"3
ENLARGED SECTION - TYP. FACADE

DEPTH - AMENITY LEVEL
1" = 1'-0"4 ENLARGED SECTION - FACADE DEPTH
1" = 1'-0"5 ENLARGED SECTION - FACADE DEPTH

H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
1" = 20'-0"
24001
2425 Durant Ave Housing
01/31/2025
A3.4

STREET STRIP

ELEVATION
1" = 20'-0"1 STREET STRIP ELEVATION

BUILDINGS BEHIND

SATHER LANEPROJECT SITE

H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A3.5

PERSPECTIVE

RENDERINGS

VIEW ALONG DURANT AVE LOOKING NORTH EAST

H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A3.6

PERSPECTIVE

RENDERINGS

VIEW OF ENTRY ALONG DURANT AVE LOOKING NORTH WEST

H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A3.7
PHOTO

SIMULATIONS

PERSPECTIVE VIEW

UP DURANT AVE

TOWARDS

TELEGRAPH AVE

BEFORE AFTER (SIMULATED)

H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
24001
2425 Durant Ave Housing
01/31/2025
A3.8
PHOTO

SIMULATIONS

BEFORE AFTER (SIMULATED)

PERSPECTIVE VIEW

DOWN DURANT AVE

TOWARDS DANA ST

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
2 3 51

ELEVATOR ROOF
4 PROPERTY LINE

PROPERTY LINE
TYP.
10'-0"
FFE: 247.0
80'-0"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
ABDEGH

ELEVATOR ROOF

PROPERTY LINE

PROPERTY LINE
TYP.
10'-0"
FFE: 247.0
80'-0"

DIAGONAL HATCH INDICATES

OVERALL FACADE AREA

GREY TONE INDICATES

TRANSPARENT FACADE AREA

CROSSHATCH INDICATES

HIGH-RISK FEATURES
H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.9

BIRD SAFETY

EXTERIOR

DIAGRAMS
3/64" = 1'-0"1 ELEVATION - EAST
3/64" = 1'-0"2 ELEVATION - NORTH
TRANSPARENT FACADE AREA: 4240.47 SF
OVERALL FACADE AREA: 25342.99 SF
4240.47 SF / 25342.99 SF = .1673 * 100 = 16.73%

16.73% < 30% = LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES
TRANSPARENT FACADE AREA: 1008.00 SF
OVERALL FACADE AREA: 13253.50 SF
1008.00 SF / 13253.5 SF = .0761 * 100 = 7.61%

7.61% < 30% = LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof

A B D E G H

ELEVATOR ROOF

PROPERTY LINE

PROPERTY LINE
FFE: 247.0

BIRD SAFE MATERIALS REQ'D
80'-0"

LOWEST GRADE
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L2
Roof
235 1

ELEVATOR ROOF
4 FFE: 247.0

PROPERTY LINE

PROPERTY LINE

BIRD SAFE MATERIALS REQ'D
80'-0"

DIAGONAL HATCH INDICATES

OVERALL FACADE AREA

GREY TONE INDICATES

TRANSPARENT FACADE AREA

CROSSHATCH INDICATES

HIGH-RISK FEATURES
H

E OF AC LI
TAS
T

LCI EN ES D RA C
ORF
IAN

TI ECTU
0 ES
Y
C-36175
-3 3 1 - 2
D
52 YFF
.PXE
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
JO
YD
Scale
Sheet No.
1 2
3 YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
A3.10

BIRD SAFETY

EXTERIOR

DIAGRAMS
3/64" = 1'-0"2 ELEVATION - SOUTH (DURANT AVE)
3/64" = 1'-0"1 ELEVATION - WEST
TRANSPARENT FACADE AREA: 5670.66 SF
OVERALL FACADE AREA: 25462.6 SF
5670.66 SF / 25462.6 SF = .2227 * 100 = 22.27%

22.7% < 30% = LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES
TRANSPARENT FACADE AREA: 6507.67 SF
OVERALL FACADE AREA: 13505.41 SF
6507.67 SF / 13505.41 SF = .4819 * 100 = 48.19%

48.19% > 30% = NOT A LOWER RISK FACADE
PER BMC TABLE 23.304-10, HIGH RISK FEATURES
AS WELL AS FIRST 75' ABOVE GRADE
TRANSPARENT FACADE TO FOLLOW OPTION 2
BIRD SAFE MATERIALS PER BMC 23.304.150(C)

COMPLIES

Date
Issues / Revisions
Description

YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
2425 Durant Ave Housing

Date
Issues / Revisions
Description

YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
2425 Durant Ave Housing

Date
Issues / Revisions
Description

YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
2425 Durant Ave Housing

Date
Issues / Revisions
Description

YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
2425 Durant Ave Housing

Date
Issues / Revisions
Description

YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
2425 Durant Ave Housing

PLANT TREES IN ACCORDANCE WITH THE AMERICAN
NATIONAL STANDARDS INSTITUTE (ANSI) A300 (PART
6)-2012, PLANTING AND TRANSPLANTING WHICH

OUTLINES ITEMS SUCH AS PLANTING IN PLANTING PITS

TWICE THE SIZE OF THE ROOT BALL, LEAVING THE TREE
1 INCH HIGHER THAN NATURAL GRADE, BACK FILLING
THE HOLE WITH NATIVE SOIL.

IRRIGATION IS REQUIRED.

REMOVE THE NURSERY STAKE AND REPLACING WITH A

TWO-STAKE SYSTEM THAT ENCOURAGES TREE
MOVEMENT.

TREES SHOULD BE PLANTED IN THE 24-INCH BOX SIZE.

NO ROOT BARRIER, PAVERS, OR TREE GRATES SHOULD
BE USED.

PLEASE USE FLEXI-PAVE IN THE TREE WELLS.

LANDSCAPE SITE PLAN NOTES:

NEW LANDSCAPE PLANTING
PERENNIAL PLANTING 29 SF
PERENNIAL PLANTING 201 SF
SHRUB PLANTING 29 SF
SHRUB PLANTING 51 SF
GRASS PLANTING 50 SF
GRASS PLANTING 50 SF

TOTAL NEW
LANDSCAPE PLANTING 410 SF

WELO CALCULATIONS NOT REQUIRED FOR NEW
LANDSCAPE PLANTING BELOW 500 SF
Date
Issues / Revisions
Description
Drawing Title
Project No.

Date
Drawn by
Checked by
NW
NW
Scale
Sheet No.

YES COMMUNITY

ARCHITECTS
yescommunityarchitects.com
1250 Addison St Unit 105
Berkeley CA 94702
510-214-3676
[email protected]
1 2
3 10/30/2024Zoning Project Application
Zoning Completeness 1 03/31/2025
As indicated
24001
2425 Durant Ave Housing
01/31/2025
L1.0

LANDSCAPE

SITE PLAN
(29 SF) PERENNIAL PLANTING
(51 SF) SHRUB PLANTING
(201 SF)
(50 SF) (50 SF) GRASS PLANTING
(29 SF)

1375 55th Street
Emeryville, California 94608
TELEPHONE: (510) 337-1001
FACSIMILE: (510) 337-1023
Jolene Kramer ([email protected])
Andrea Matsuoka ([email protected])

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________________

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________________

OF COUNSEL
ROBERTA D. PERKINS
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________________

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NINA FENDEL (Retired Attorney)
________________
Admitted in California, unless
otherwise noted
 Admitted in Hawaii
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Admitted in New York
October 27, 2025
Via Email and Hand Delivery
Mayor Adena Ishii and City
Councilmembers Rashi Kesarwani, Terry
Taplin, Ben Bartlett, Igor Tregub, Shoshana
O’Keefe, Brent Blackaby, Cecilia
Lunaparra, and Mark Humbert
2180 Milvia Steet, 1st Floor
Berkeley, CA 94704
[email protected]
City Clerk Mark Numainville
2180 Milvia Steet, 1st Floor
Berkeley, CA 94704
[email protected]
Re: Appeal to City Council of 2425 Durant Avenue Use Permit #ZP2024-0162 Dear Mayor Ishii, City Councilmembers Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, and Humbert, and City Clerk Numainville:

Our law office represents the Building and Construction Trades Council of Alameda County, AFL-CIO (“Trades Council”) and the Northern California Carpenters Regional Council (“Carpenters”). We are writing on behalf of the Trades Council and Carpenters to appeal the approval by the City of Berkeley (“City”) Zoning Adjustment Board (“ZAB”) of Use Permit #ZP2024-0162 for the 2425 Durant Avenue project (“Project”).1 The Trades Council submitted comments to the ZAB ahead of its October 9, 2025 hearing and appeared at the hearing to oppose approval of the Use Permit as presented.2
The Project is proposed by Yes Duffy Architects, 1250 Addison Street, 105, Berkeley, CA 94702 (“Applicant”). The Applicant applied for Use Permits from the City to demolish three existing residential buildings, including 19 rent-controlled dwelling units, and construct an approximately 148,940-square-foot residential building containing 169 dwelling units, including extremely low income, very low income, low income, and moderate income units on a 9750-square-foot lot. 1 City of Berkeley Zoning Adjustments Board Notice of Decision, 2425 Durant Avenue, Date of Board Decision October 9, 2925, Date Notice Mailed October 14, 2025, Appeal Period Expiration October 28, 2025 (“Notice of Decision”).
2 Letter from Trades Council to ZAB re Application for Approval of 2425 Durant Project dated October 9, 2025.

Attachment 2

Appeal to City Council
Use Permit #ZP2024-0162
October 27, 2025

This appeal is timely filed within fourteen (14) days of the City’s October 14, 2025 mailing of the Notice of Decision, pursuant to Berkeley Municipal Code (“BMC”) section 23.410.020. This appeal is accompanied by payment of the requisite fee of $3000.3
In particular, this appeal pertains to the Applicant’s requested “Concessions” under the California State Density Bonus Law, Cal. Gov. Code § 65915 et. seq. (“SDBL”), which are as follows:

1. Concession from the “Apprenticeship Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section

13.107.040.

2. Concession from the “Health Care Expenditures” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section

13.107.050.

3. Concession from the “Prevailing Wage Requirements” in the Southside Plan as required by BMC Section 13.108(A).

Items 1 and 2 above are part of the City’s HARD HATS Ordinance, which was adopted on May 2, 2023 and became effective on January 1, 2024. Item 3 above is part of the City’s Southside Plan, as amended and adopted in November of 2023. For the reasons that follow, the concessions requested by the Applicant are improper under the SDBL and City policy and should be denied.

I. The City Should Not Grant Concessions that Waive Local Labor Standards The City should not grant concessions under the SDBL that waive local labor standards. The Applicant is pursuing a novel and unorthodox strategy of using SDBL concessions to avoid three construction labor standards, namely, the requirement to participate in an apprentice training program, the requirement to provide health care, and the requirement to pay a living wage. The Trades Council and Carpenters have never encountered such concession requests before and are not aware of any project that has received similar concessions from the City (or any city). The requested concessions are an attempted misuse of the SDBL to avoid important labor standards that the City enacted to protect public health and safety.

During the October 9, 2025 ZAB meeting, a Commissioner stated that another project – or perhaps multiple projects – received concessions as to the HARD HATS Ordinance. After the meeting, we attempted to verify this with City staff and were told that was not the case (note that the projects referenced during the meeting predated the HARD HATS Ordinance).4
Subsection 65915(d)(1) of the SDBL provides:
(d)(1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and 3 Notice of Decision, page 3; BMC section 23.410.030.
4 On October 21, 2024, our office made California Public Records Act request to the City seeking all records relating to whether the City has, at any time, granted any State Density Bonus concessions or waivers relating, in any way, to the City's HARD HATS Ordinance. We will supplement this letter in the event a response is received.

Appeal to City Council
Use Permit #ZP2024-0162
October 27, 2025

county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law.5 Subsection 65915(k) of the SDBL defines a “concession or incentive” as either (1) a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards commission, for example, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces; (2) approval of mixed-use zoning; or (3) other regulatory incentives or concessions that result in identifiable and actual cost reductions to provide for affordable housing costs or for rents to be set at the statutory rate.6
By providing these examples, the Legislature clearly contemplated that concessions under the SDBL should relate to the physical characteristics of the development such as the location, number of units, design, or site improvements, or other aspects of the development that would “result in identifiable and actual cost reductions.”
This is supported by the legislative intent of the SDBL, which is focused on allowing developers to include more total units in affordable housing projects than would otherwise be allowed by local zoning ordinances, and to cover some of the financing gap in affordable housing.7 Notably, the Legislature also intended to “ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing.”8 In other words, the Legislature was mindful of the need to balance housing density with social benefits.

The requested prevailing wage concession is doubly in conflict with the intent of the SDBL because, in addition to threatening the health and safety of construction workers, the concession would reduce their wages and make the very housing they are building less affordable to them. This outcome would be antithetical to the intent and policy of the SDBL, which is ultimately to make housing more affordable. 5 Cal. Gov. Code § 65915(d)(1).
6 Cal. Gov. Code § 65915(k).
7 Cal. Gov. Code § 65915(u)(1)
8 Cal. Gov. Code § 65915(u)(2).

Appeal to City Council
Use Permit #ZP2024-0162
October 27, 2025

Historically speaking, the SDBL waivers and concessions that have been granted by the City over the years have not posed this problem.

The SDBL should not be misused to allow developers to avoid minimum labor standards or other social benefits, especially where there has been no demonstration of an actual financial benefit that would result in more affordable housing.

II. The City Should Request Reasonable Documentation to Support the Concessions The SDBL “does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus.”9 This includes incentives or concessions.10 Moreover, the local government is also tasked with “provid[ing] the applicant with a determination as to the following matters:
(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
(III) If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.

In the case of Schreiber v. City of Los Angeles (Schreiber), the Court of Appeal recognized that “[a] city or county is not prohibited from requesting or considering information relevant to cost reductions.”11 This is the case even though the statute places the ultimate burden of proof on the local government.12 Accordingly, the City can and should take the position that the Applicant has not yet provided adequate information for the City to make a determination as to its requested concessions, and require the Applicant to provide reasonable documentation in support of same.

Here, the Applicant has not provided any evidence or information whatsoever to substantiate its requested concessions. The section of the application relating to the concessions reads as follows, in its entirety:

A concession is a modification of a development standard that reduces the cost of providing affordable housing. The City may only deny the concession if it finds that the concession would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income, very-low income, and moderate-income households, or if the concession would be contrary to State or Federal law. 9 Cal. Gov. Code § 65915(a)(2).
10 Cal. Gov. Code § 65915(b)(1).
11 Schreiber, 69 Cal.App.5th at 557.
12 Cal. Gov. Code § 65915(d)(4); Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, 556-557 (“This subdivision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, as described in subdivision (d), or waivers or reductions of development standards, as described in subdivision (e).”)

Appeal to City Council
Use Permit #ZP2024-0162
October 27, 2025

The project is entitled to 3 concessions (or incentives) under Government Code Section 65915(d), and an unlimited number of waivers under Section 65915(e).

1. Concession. Exemption from the “Apprenticeship Requirements” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040 2.

2. Concession. Exemption from the “Health Care Expenditures” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050 3.

3. Concession. Exemption from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)
The ZAB findings similarly do not provide any rationale whatsoever that would link the requested concessions to cost savings. Instead, the ZAB makes summary conclusions by referencing back to the law without any analysis or explanation.13 Therefore, the Trades Council and Carpenters respectfully request that the City remand this matter to the ZAB to request reasonable documentation from the Applicant in support of the requested concessions, so the City can determine whether they should be granted.

III. The Requested Concessions Would Not Result In Identifiable and Actual Cost Reductions The SDBL provides that when an applicant for a density bonus submits a proposal for specific incentives or concessions, the local government shall grant such incentives or concessions unless the local government makes a written finding based on substantial evidence that “the concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs…”14
As explained above, the Applicant has not provided any information at all regarding how the requested concessions would result in identifiable and actual cost reductions. Even though the law places the ultimate burden of proof on the City, the City may request information from the Applicant to make an initial prima facie showing of how the concessions would, in some way, actually save development costs. Here, given the importance of the labor standards in the HARD HATS Ordinance and the Southside Plan, the City should exercise this option.

IV. The Requested Concessions Would Have a Specific, Adverse Impact Upon Public Health and Safety
The SDBL also provides that when an applicant for a density bonus submits a proposal for specific incentives or concessions, the local government shall grant such incentives or concessions unless the local government makes a written finding based on substantial evidence that “the concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety… and for which there is no feasible method to satisfactorily mitigate or avoid the 13 ZAB 2025-10-09 Findings, Page 6 of 11.
14 Cal. Gov. Code § 65915(d)(1)(A).

Appeal to City Council
Use Permit #ZP2024-0162
October 27, 2025

specific, adverse impact without rendering the development unaffordable to low-income and moderate- income households…”15
Working in construction is a particularly dangerous occupation. The construction industry is responsible for roughly 20% of all workplace fatalities in the U.S. despite employing only 10% of the U.S. workforce.

Unfortunately, in recent years, there has been a disproportionately high number of construction worker fatalities in Berkeley specifically.16
This is, in large part, why the City of Berkeley adopted the HARD HATS ordinance requiring health care expenditures and apprenticeship participation. Section 13.107.020 of the ordinance states that it was adopted to ensure apprentices are competently trained, to enhance the good health of construction workers working in the City, and to promote retention and growth of a skilled labor pool in the City. The staff report recommending adoption of the ordinance echoed these concerns.

Waiving the requirement to participate in an apprentice training program, the requirement to provide health care, and the requirement to pay a living wage would therefore have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety. (a) Health Care :

The construction industry has one of the highest injury rates among all occupations due to the nature of the work, which involves manual labor, working at heights, and exposure to hazardous materials. According to the Bureau of Labor Statistics, the construction industry accounted for 1,008 fatal work injuries in 2020, the highest of any industry sector.17
Research underscores the additional dangers faced by workers without health coverage. A recent publication from the UC Berkeley Labor Center found that California construction workers were 2.6 times more likely than other California workers to be uninsured, and that California construction workers and/or their dependents account for a disproportionately high percentage of spending on Medicaid/CHIP.18 In addition, the Center for Construction Research & Training’s analysis of nationwide data found that the high uninsured construction worker rate is driven by non-union-signatory employers.19 Finally, a 2009 study conducted by Harvard Medical School and Cambridge Health Alliance found that uninsured, working-age Americans have a 40% higher risk of death compared to those with insurance.20 For construction workers, whose jobs already involve elevated hazards, the absence of health coverage magnifies these risks. 15 Cal. Gov. Code § 65915(d)(1)(B); see also, Cal. Gov. Code § 65915(d)(3) (“This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.”) 16 See, https://www.berkeleyside.org/2019/06/17/family-files-wrongful-death-lawsuit-after-construction- worker-fatality-in-berkeley.
17 See, https://www.bls.gov/opub/ted/2022/a-look-at-workplace-deaths-injuries-and-illnesses-on-workers- memorial-day.htm.
18 See, https://laborcenter.berkeley.edu/the-public-cost-of-low-wage-jobs-in-californias-construction- industry/.
19 See, https://public.tableau.com/shared/KXZ6KK49F?:display_count=n&:origin=viz_share_link. 20 See, https://news.harvard.edu/gazette/story/2009/09/new-study-finds-45000-deaths-annually-linked-to- lack-of-health-coverage/.

Appeal to City Council
Use Permit #ZP2024-0162
October 27, 2025

This is precisely why the City of Berkeley adopted health care expenditure requirements in the HARD HATS Ordinance, to ensure that contractors in the City are not shirking their responsibility to address the health care needs of workers and their families. Allowing the Applicant to avoid this requirement would undermine the City’s protective framework and place workers’ health at greater risk. (b) Apprenticeship:

State and federal oversight of apprenticeship programs extends back more than 80 years. In California, construction apprenticeship program standards require several years of on-the-job training for specific work processes, a ratio of apprentices to journey-level employees, hours of classroom training, including health and safety training, and a living wage. Notably, construction employers are less likely in the absence of a collective bargaining agreement to invest in employee training than is the case in other industries.21 The HARD HATS Ordinance attempts to level this playing field by requiring all contractors working on the Project to participate in either a joint labor-management apprenticeship program or a program that meets minimum graduation standards. By doing so, the City is ensuring that all apprentices on large development projects in the City are well trained and competently supervised, which is of utmost importance to public health and safety.
(c) Prevailing Wages
There is a robust statistical connection between wage rates – including living wage and prevailing wage rates – and job safety. In California, this is reflected in our “dual wage” workers compensation system, where higher-paid employees have a lower workers’ compensation insurance rate than lower-paid employees. This is because higher-paid employees are less likely to produce adverse workers’ compensation losses, because their superior training and experience results in safer job sites.

A 2019 study in the publication Public Works Management & Policy found that repealing state prevailing wage laws actually contributed to workplace hazards.22 Doing so increased construction injury rates across various types of injuries, from 11.6% to 13.1% as the seriousness of injuries increased. Disabilities also increased by 7.5% to 8.2%.

By requiring prevailing wages to be paid in the Southside Plan, the City is promoting the use of a skilled, stable workforce – one less prone to accidents and workers’ compensation claims. This not only protects workers but incentivizes responsible contractors who maintain high safety standards. Exempting the Project from the Southside Plan’s prevailing wage requirement would directly undermine these protections.

For the reasons set forth in sections (a), (b), and (c) above, allowing contractors working on the Project to avoid the City’s health care expenditure, apprenticeship participation, and prevailing wage requirements would have a specific, adverse impact upon public health and safety, and the Applicant’s request for these concessions should be denied.
21 Waddoups, C. Jeffrey. 2014. “Union Coverage and Work-Related Training in the Construction Industry.” Industrial & Labor Relations Review. 67:2 (532-555).
22 Li, Z., Zorigtbaatar, C., Pleités, G., Fenn, A., & Philips, P. (2019). The Effect of Prevailing Wage Law Repeals and Enactments on Injuries and Disabilities in the Construction Industry. Public Works Management & Policy, 24(4), 368-384. https://doi.org/10.1177/1087724X18822600 (Original work published 2019).

Appeal to City Council
Use Permit #ZP2024-0162
October 27, 2025

V. Conclusion
The Trades Council and Carpenters respectfully request that City Council either reverse the ZAB decision approving the Use Permit with the proposed concessions, reverse the ZAB decision with respect to the proposed concessions but approve the remainder of the Use Permit, or remand the matter to the ZAB to reconsider the application in light of the foregoing.23 Additionally, the Trades Council and Carpenters request that City Council direct staff to request supporting documentation from the Applicant and confer with the Applicant regarding the grounds for its requested concessions, and, if appropriate, request that the Applicant voluntarily agree to rescind its request in order to promote health and safety and the public benefits that would otherwise derive from the Project.

The Trades Council and Carpenters request that the City schedule a hearing on this appeal before the City Council at the earliest feasible date.24 The Trades Council and Carpenters reserve the right to submit additional correspondence and evidence concerning this appeal prior to the hearing date.25 Thank you for your consideration of this appeal. Feel free to contact the undersigned with any questions or concerns.

Sincerely,
Jolene Kramer
Andrea Matsuoka
cc. City of Berkeley Planning Department, via e-mail only ([email protected]) 23 BMC section 23.410.040(G).
24 BMC section 23.410.040(A).
25 BMC section 23.410.040(F).

Zoning Adjustments Board Staff Report
ng & Zo
Staff R
Project Facts Project Description:

Applicant: Yes Duffy Architects, 1250
Addison Street, 105, Berkeley, CA 94702
Property Owner: 2425 Durant Avenue
LLC, 29 Orinda Way, #2060
Orinda, CA 94563
Project Address: 2425 Durant Avenue
General Plan:

RMU (Residential Mixed -Use)
Area Plan: Southside Area Plan
Zoning: R-SMU (Residential
Southside Mixed Use District)
Site Size: 9,750 square feet (0.22 acre)
CEQA: Section 15332 (“In-Fill
Development Projects”)
Date Submitted: November 15, 2024
Vesting Date: November 21, 2024
Use Permit #ZP2024-0162 to demolish three existing two-story residential buildings, including 19 rent-controlled dwelling units, and construct a 20-story (208 feet), approximately 148,940-square- foot residential building containing 169 dwelling units, including 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), 6 Low-Income (LI), and 13 Moderate Income (MI) units, on a 9,750-square-foot lot.

Zoning Permits Requested:

1. Demolition. BMC Section 23.326.030(B)(1)(c) “Demolition of Residential Units” to demolish residential units (UPPH)

2. New Construction. BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new Multi-Family building (UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create any residential addition within the within the R-SMU and the Southside Plan boundaries (UPPH).

4. Projections Above Height Limits. BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)
Density Bonus
APP # ZP2024-0162
Use Permit for a Project at 2425 Durant Avenue
October 9, 2025
Item 6B, Staff Report
ZAB 2025-10-09

Attachment 3

Zoning Adjustments Board Staff Report
Date Deemed Complete: March 13, 2025
Project Planner: Nilu Karimzadegan
Waivers:

1. Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree

2. Usable Open Space. Waiver from BMC Section

23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required

3. FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a 14.86 FAR.

4. Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height)

5. Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback

6. Landscaped Usable Open Space. Waiver from BMC Section

23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required

7. Long-Term Residential Bike Parking. Waiver from BMC Section

23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required
Concessions:

1. Concession from the “Apprenticeship Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040

2. Concession from the “Health Care Expenditures” in
establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050

3. Concession from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)
Staff Recommendation:

Staff recommends that the Zoning Adjustments Board (ZAB) determine that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section15000, et seq.) pursuant to CEQA Guidelines Section 15332 (“In- Fill Development Projects”) and approve ZP 2024-0162 pursuant to Section 23.406.040(D) “Use Permits” and subject to the attached Findings and Conditions of Approval.

Item 6B, Staff Report
ZAB 2025-10-09

Page | 3

ZONING MAP
Figure 1: Vicinity and Zoning Districts Map
Comparison of Adjacent Properties
Vicinity GP Land Use Zoning Current Use
Subject
Property
Residential Mixed-Use
(RMU)
Residential Southside
Mixed Use District (R-
SMU
Multi-family Residential
North Avenue Commercial (AC) Telegraph Avenue
Commercial District
(C-T)
Food Service, Personal Service &
Office
South Residential Mixed-Use
(RMU)
Residential Southside
Mixed Use District (R-
SMU)
Student Housing
East Avenue Commercial
(AC)
Telegraph Avenue
Commercial District
(C-T)
Shops and restaurants
West Residential Mixed-Use
(RMU)
Residential Southside
Mixed Use District (R-
SMU)
Multi-family Residential
Project Site
Item 6B, Staff Report
ZAB 2025-10-09

Page | 4

AERIAL VIEW
Existing Site Plan
Item 6B, Staff Report
ZAB 2025-10-09

Page | 5

EXISTING STREET VIEW (DURANT AVENUE)

PROPOSED STREET VIEW (DURANT AVENUE)
Item 6B, Staff Report
ZAB 2025-10-09

Page | 6

BACKGROUND
Subject Site
The subject property is approximately 9,750-square. foot, interior lot on the north side of the 2400-block of Durant Avenue, between Telegraph Avenue and Dana Streets. It is a flat rectangular parcel, 130 feet deep and 75 feet wide that is oriented north-to-south with street frontage facing Durant Avenue to the south. It includes three, two-story residential buildings containing 19 existing (rent-controlled) dwelling units and a shed building, all proposed to be demolished. In the rear, at the northwest corner of the lot, there is a two- story simple Craftsman style cottage (2423 Durant Avenue) constructed in 1906 that includes two units.

The shed is located in the rear, at the northeast corner of the lot. In the front, at the south-east part of the lot, the building at 2421 Durant Avenue includes six units. It is a two-story, over basement Victorian constructed in 1886, with a tower roof, rectangular footprint and wood siding and shingle exterior. At the southwest corner of the lot, the building at 2425-2427 Durant Avenue includes 11 units. It is a two-story plus attic Revival style building constructed in 1905 with a rectangular footprint, hipped roof, and wood shingle exterior.

The subject property, 2421 Durant Avenue, is located within Berkeley’s first subdivision, to generate funds for the construction of the University of California campus. In 1886, the area was further subdivided into Beaver Tract with 2421 Durant Avenue being the third home constructed within this tract. In 1906, architect William Wharff, designed a set of flats at 2425 Durant Avenue. A two-story cottage (2432 Durant Avenue) was also constructed on the property that same year and was later converted into a duplex in 1925.

Neighborhood/Area Description:

The neighborhood is primarily university-oriented, featuring a diverse mix of commercial establishments along Telegraph Avenue, Durant Avenue, and Bancroft Way. These commercial uses are predominantly housed in one- to two-story buildings. Additionally, the neighborhood includes four - to six-story multi-unit apartment buildings, dormitories (GLAs), and various institutional buildings. On -street parking is limited, and pedestrian traffic is notably heavy, particularly when classes are in session.

Community Meeting
Prior to submitting this application, the applicant installed a pre -application poster on site in November 2024 and invited interested neighborhood organizations as well as owners and occupants located within 300 feet of the project site to a project preview meeting on September 23, 2024, and attended by two individuals. The attendees had questions regarding construction timeline , tenants’ accommodations and relocations.

On September 25, 2025, the City mailed public hearing notices to property owners and occupants within 300 feet of the project site, and to interested neighborhood organizations. The City also posted notices within the neighborhood at nearby three locations.

No additional comments have been received in response to the public hearing notice at this time.

Item 6B, Staff Report
ZAB 2025-10-09

Page | 7

ANALYSIS
Project Scope
The proposed project would demolish the existing residential buildings containing 19 dwellings, to construct a 20-story, 208 feet, 148,940-square-foot residential building with 169 units. The major components of this multifamily building are as follows:
• 169 dwellings (105 Studios, 1 one-bedroom, 46 two-bedroom, 17 three-bedroom) • 1,012 square feet of useable open space as roof deck connected to covered outdoor and indoor lounge provided on Level 20.
• 249 Bedrooms (a net increase of 150 units and 227 bedrooms) • Ground floor residential amenities including the lobby, mail corral/package room, and secure bicycle parking, as well as back -of-house residential support spaces Indoor lounge space with associated resident amenities on Level 8
• Community spaces including private study areas and social zones on Level 13 • Additional resident lounge and gathering spaces on Level 17 Findings
Draft findings for approval can be found in Attachment 2 to the staff report.

Base Project and Density Bonus
The applicant has requested a Density Bonus under the State Density Bonus Law (Govt. Code Section 65915). Under the City’s Density Bonus procedures, the “base project 1” is 85 units, as the maximum allowable density for the site. The base project and the resulting 20-story proposed project both have an average unit size of 775 square feet. By providing 13 Very Low Income and 13 Moderate Income units on site (30% percent of the 85-unit base density), the project is eligible for a 100 percent density bonus, or 86 additional units for a total of 171 units. However, the applicant proposes 84 additional units above the base density for a total of 169 dwelling units.
1 Per the City’s Density Bonus Procedures (DBP) , the base project is the largest project allowed on the site that is fully compliant with district development standards (i.e. height, setbacks, usable open space, parking, etc.), or, the maximum allowable density for the site. The City uses the DBP to calculate the maximum allowable density for a site where there is no density standard in the zoning district, and to determine the number of units in the proposed project, which is the number of base project units plus the number of density bonus units that can be added according to the percentage of BMR units proposed, per Government Code, Section 65915(f).

Item 6B, Staff Report
ZAB 2025-10-09

Page | 8
Base Project
Units a
Qualifying
Units
Percent Density
Bonus Number of Density Bonus Units a Proposed
Project Units a
85 26
[13 VLI (15%
of Base) + 13
MI (15% of
Base)]
100 84 (86 possible) 169
(171 possible)
Notes:
a Pursuant to Government Code 65915(q), all unit calculations are rounded up to the next whole number.

Abbreviations: % = percent
Concession and Waivers Pursuant to State Density Bonus Law (CA Govt. Code Section 65915) A concession is a modification of a development standard that reduces the cost of providing affordable housing. The City may only deny the concession if it finds that the concession would have a specific adverse impact upon public health and safety, or the physical en vironment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low -income, very -low income, and moderate-income households, or if the concession would be contrary to State or Federal law.

The project is entitled to 3 concessions (or incentives) under Government Code Section 65915(d), and an unlimited number of waivers under Section 65915(e).

1. Concession. Exemption from the “Apprenticeship Requirements” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040

2. Concession. Exemption from the “Health Care Expenditures” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050

3. Concession. Exemption from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)
A waiver is a modification of a development standard that would otherwise physically preclude the construction of the project with the permitted density bonus and concessions. The City may only deny the waivers if it finds that the waivers would have a specific ad verse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact with out rendering the development unaffordable to low -income, very -low income, and moderate -income households, or if the waiver would be contrary to State or Federal law.

The applicant is requesting six waivers from the following development standards:

1. Waiver of BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree

2. Waiver of BMC Section 23.202.140(E)(1)(a) for providing 1,012 square-feet of Usable Open Space, where 5,239 square feet. is required.

3. Waiver of BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a

14.86 FAR.

Item 6B, Staff Report
ZAB 2025-10-09

Page | 9

4. Waiver of BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height).

5. Waiver of BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback

6. Waiver of BMC Section 23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required.

7. Waiver of BMC Section 23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required.

Environmental Review
It is staff’s recommendation to the Zoning Adjustments Board (ZAB) that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section 15000, et seq.) pursuant to Section 15332 (“Infill Development Project”) of the CEQA Guidelines. The determination is made by ZAB. Specifically:
• The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. • The project site is within city limits on a project site of fewer than five acres that is substantially surrounded by urban uses.
• The project site has no value as habitat for endangered, rare or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required utilities and public services.

Additionally, none of the exceptions to eligibility for a categorical exemption as listed under CEQA Guidelines Section 15300.2, apply to the project. The project is not located in an environmentally sensitive area; the cumulative impact of successive projects of the same type in the same place over time would not be significant; there are no “unusual circumstances” at the project site that would result in significant environmental effects; there are no designated scenic highways in the City of Berkeley and the project site is not in view of a state scenic highway; the site is not included on a list compiled pursuant to Section 65962.5 of the Government Code; and the project would not result in a substantial adverse change in the significance of a historical resource.

ADVISORY BODY REVIEW
Design Review Committee (DRC) Review: Preliminary Design Review This project is not subject to review by the Design Review Committee because it is an all-residential project in a residential/mixed-use district (R-SMU). There is no commercial or mixed-use component to the project. Therefore, the project does not fall within any of the categories requiring design review as described in BMC 23.406.070(B)(1) Design Review, When Required.

Landmarks Preservation Commission Review: Demolition Referral The subject property is not listed on the National Register of Historic Places (NR) or the California Register of Historical Resources (CR). However, Several City Landmarks and Structures of Merit are located nearby, including the Cambridge Apartments (1914) at 2500 Durant Avenue, the Fred Turner Building (1940) at 2546 Item 6B, Staff Report
ZAB 2025-10-09

Page | 10
Bancroft Way, the Brasfield (1911) at 2520 Durant Avenue, and the Albra (1921) at 2530 Durant Avenue.

Additionally, the subject property is located in Berkeley’s first subdivision, College Homestead Tract, established in 1866 by the trustees of the College of California. Created to raise funds for the construction of the University campus, it was further subdivided in 1886. The new subdivision, the Beaver Tract, included houses built by the Berkeley Improvement Association. 2421 Durant Avenue was the third home built in the Beaver Tract by the Berkeley Improvement Association, led by prominent Berkeley citizen James L. Barker. Barker was instrumental in the development of Berkeley, having introduced the Central Pacific Railway to Berkeley in 1876. In 1906, the property owner commissioned prominent architect William Wharff to design the flats at 2425 Durant Avenue. That same year, a two-story cottage was also constructed on the property at 2432 Durant Avenue. The cottage was later converted to a duplex in 1925.

The residential buildings proposed for demolition are over 40 years in age, but because they are not commercial buildings, they do not fall under Landmarks Preservation Commission (LPC) review pursuant to BMC Section 23.326.070(C)(1).

On December 31, 2024, Berkeley Architectural Heritage Association (BAHA) submitted a Landmark or Structure of Merit application petition for 2425 Durant Avenue (2421-2427 Durant Avenue) also known as Laura Tull Property to initiate consideration of the property for designation status. On March 6, 2025, LPC voted to designate the subject property as a City Landmark. The designation was later reversed by the City Council on July 23, 2025.

City Council Review:

On April 15, 2025, Qian Wang LLC, the applicant for Use Permit #ZP2024-0162, filed an appeal of the LPC’s decision. The appellant (Qian Wang LLC ) contended that landmark designation of the subject property would conflict with the provisions of SB 330 and the Housing Accountability Act (HAA) and adversely impact the proposed housing development project , which vested (non) historic resource status with an SB 330 Preliminary Application on November 21, 2024 . On July 2 3, 2025, City Council adopted Resolution NO. 71,904-N.S. to reverse the LPC decision to designate the subject property at 2421 Durant Avenue as a City Landmark.

POLICY CONSISTENCY
Demolition of Residential Units
BMC Section 23.326.030(B) allows the ZAB to approve a Use Permit to eliminate or demolish a dwelling unit only if the elimination of the dwelling unit would not be materially detrimental to the housing needs and public interest of any affected neighborhood or the City.

The project would replace 19 protected units with 169 new units, including a mix of affordable housing for extremely low-, very low-, low-, and moderate-income households. This substantial increase in housing supports the City’s goals to address its housing shortage and meet Regional Housing Needs Assessment (RHNA) targets. Additionally, the project’s location near transit, bike infrastructure, retail, and services promotes sustainable transportation, helping to reduce vehicle miles traveled, air pollution, and greenhouse gas emissions. The project is not expected to negatively impact the housing needs or public interest of the neighborhood or the broader city.

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Replacement of Demolished Unit
Per Berkeley Municipal Code Section 23.326.030(D), any demolished Protected Units must be replaced with Comparable Units subject to specific Conditions of approval ensuring that the replacement housing maintains affordability and tenant protection. Per these conditions:
• The 19 Protected Units proposed for demolition would be replaced in the project with units that comply with the maximum allowable rent requirements outlined in Chapters 23.328 (Affordable Housing Requirements) and 23.330 (Density Bonus).
• Since all 19 units are currently subject to rent or price controls under BMC Chapter 13.76, and the income levels of the displaced households are unknown, the replacement units in the project would be designated as Affordable Units as defined in Chapter 23.328.

Requirements for Occupied Units
Tenant protections shall be provided pursuant to BMC Section 23.326.030(E) “Requirements for Occupied Units” As a Condition of Approval for this permit, the applicant would provide all sitting tenants and the Rent Stabilization Board notice of the application for demolition no later than the date a demolition application is submitted to the City. Additionally, conditions of approval related to moving and relocation assistance and Sitting Tenants Rights would be required per BMC Section 23.326.030(E).

The Housing Crisis Act of 2019 and Demolition of Units
The Housing Crisis Act of 2019 (Government Code Sections 66300-66301) prohibits the demolition of residential dwelling units unless the project will create at least as many residential units as the greatest number of residential dwelling units that existed on the project site within the last five years; prohibits the demolition of occupied or vacant protected units (i.e. rent-controlled or affordable units), unless replaced according to replacement provisions therein; and does not supersede any local ordinance that reserves greater protections/provisions for lower income households or displaced households. The project proposes replacing 19 demolished dwelling units with 169 new dwelling units. The existing unit(s) are considered “protected” units as defined in Section 66300(d) because they were rent-controlled within the last five years.

Further, if the income levels of the existing tenants or tenants within the last five years are unknown, the units are presumed to be occupied according to the income distribution data for City of Berkeley in the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) database. The units presumed to be occupied by lower income households must be replaced with “equivalent” units in the same or greater proportion of lower income renter households to all renter households in the City. The project proposes replacement units according to the following distribution: 6 Extremely Low Income (ELI), 7 Very Low Income (VLI), and 6 Low Income (LI).

Pursuant to the Housing Crisis Act of 2019, lower income occupants of protected units that are proposed to be demolished are subject to local tenant relocation provisions in BMC Chapter 23.326.

Housing Accountability Act
Pursuant to the Housing Accountability Act (HAA), California Government Code Section 65589.5(j), when a proposed housing development complies with the applicable, objective general plan and zoning standards, but a local agency proposes to deny the project or approve it only if the density is reduced, the agency must base its decision on written findings supported by substantial evidence that:

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1. The development would have a specific adverse impact on public health or safety 2 unless disapproved, or approved at a lower density; and

2. There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than disapproval, or approval at a lower density.

The project is a “housing development project” consisting of a residential building. The Base Project includes Use Permits and/or Administrative Use Permits to modify height, setbacks and rooftop equipment allowances, etc.., and complies with applicable, objective general plan and zoning standards. Government Code Section 65589.5(j)(3) provides that a request for a density bonus “shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.” Therefore, the City may not deny the Base Project or density bonus request or reduce the density with respect to those units without basing its decision on the written findings under Section 65589.5(j), above.

While the project may include other Use Permits or Administrative Use Permits to modify standards not associated with the base project, there are no objective criteria in the findings therefore the project still complies with the HAA. The ZAB has the discretion to approve, deny, or modify the request according to the zoning findings, provided the action does not reduce the project density or effectively deny the project by making it infeasible, unless the ZAB is also able to make the required findings for d enial set forth under Section 65589.5(j), above.

Staff is not aware of specific adverse impacts that could occur with the construction of the project.

Housing Crisis Act of 2019 – Senate Bill (SB) 330
The Housing Crisis Act, also known as Senate Bill 330, seeks to boost homebuilding throughout the State with a focus on urbanized zones by expediting the approval process for and suspending or eliminating restrictions on housing development. A “housing development project” can include any of the following:
residential units only; mixed use consisting of residential and nonresidential uses in which at least two - thirds of the square-footage is designated residential, and transitional or supportive housing. Sections of SB 330 that apply to the proposed project include the following:

1. Government Code Section 65905.5(a) states that if a proposed housing development project complies with the applicable, objective general plan and zoning standards in affect at the time an application is deemed complete, then the city shall not conduct more than five hearings in connection with the approval of that housing development project. This includes all public hearings in connection with the approval of the housing development project and any continuances of such public hearings. The city must consider and either approve or disapprove the project at any of the five hearings consistent with applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)). 2 A “specific, adverse impact” means “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.”
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The October 9, 2025 ZAB hearing represents the first public hearing for the proposed project since the project was deemed complete. The City can hold four additional public hearing s on this project, if needed including any possible appeal to the City Council.

2. Government Code Section 65913.10(a) requires that the City determine whether the proposed development project site is a historic site at the time the application for the housing development project is deemed complete. The determination as to whether the parcel is a historic site must remain valid during the pendency of the housing development project, unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.

On November 21, 2024, the City received SB 330 Preliminary Application #PLN2024-0064 to vest local ordinances, policies, and standards, as well as the historic resource status of the site. The Use Permit Application was deemed complete on March 13, 2025 , therefore eligible for streamlined review per SB 330. The housing development was vested under the provisions of SB 330 with no historical designation status under the local register and therefore, the City will be precluded from imposing preservation - related conditions on the housing development project if it is approved.

3. Government Code Section 65950(a)(5) requires a public agency to approve or disapprove a project within 60 days from the determination that the project is exempt from the CEQA. The application presented at the October 9, 2025 public hearing must receive a final decision —approval or denial—by December 8, 2025.

The project is scheduled for review by the Zoning Adjustments Board (ZAB) on October 9, 2025, at which time the Board may take action to approve, deny, or continue the application. If the Board votes to approve or deny the project, that decision will become final at the end of the 14-day appeal period, which begins once the ZAB Notice of Decision is issued—typically within one week of the hearing. If no appeal is filed during that period, the decision becomes effective and final. This timeline ensures that a final determination is made prior to the 60-day deadline, by December 8, 2025 deadline.

General Plan Consistency
The 2002 General Plan contains several policies applicable to the project, including the following:

1. Policy LU -3 Infill Development: Encourage infill development that is architecturally and environmentally sensitive, embodies principles of sustainable planning and construction, and is compatible with neighboring land uses and architectural design and scale.

Evidence: The project would be compliant with the General Plan’s Infill Development policy because it would repurpose an underutilized Site, with a residential project in a neighborhood that consists of both residential and commercial uses and designed to not conflict with the existing architectural character.

2. Policy LU -7 Neighborhood Commercial Areas: Require that new development be consistent with zoning standards and compatible with the scale, historic character, and surrounding uses in the area.

Evidence: The project would be compatible with the General Plan’s Neighborhood Commercial Area policy because the proposed residential use is compatible with the existing uses in the neighborhood, and a building design that does not conflict with scale or the historic character of the neighborhood.

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3. Policy UD-24 Area Character: Regulate new construction and alterations to ensure that they are truly compatible with and, where feasible, reinforce the desirable design characteristics of the particular area they are in.

Evidence: The project would be compatible with surrounding land uses, which consists primarily of campus-oriented, featuring a diverse mix of commercial buildings containing various retail and dining establishments. The surrounding neighborhoods consist of a mix of single and multi -family residences and commercial establishments . The project would reinforce the City’s effort to redevelop underutilized sites in a way that would increase the quality of the built environment and provide new housing. The project would further improve the neighborhood character and quality of life by bringing in new residents and new business patrons along Durant Avenue in an area served by transit.

4. Policy LU -23 Transit -Oriented Development: Encourage and maintain zoning that allows greater commercial and residential density and reduced residential parking requirements in areas with above - average transit service such as the Elmwood District.

Evidence: The project would help to encourage transit use and reduce greenhouse gas emissions from motor vehicles by constructing additional housing in close proximity to transit, jobs, and basic goods and services without providing vehicle parking.

5. Policy LU-26 Neighborhood Quality of Life: Maintain and improve High Density Residential and Avenue Commercial areas, such as Telegraph and Durant Avenues as pedestrian -friendly, visually attractive areas and ensure that Neighborhood Commercial areas fully serve neighborhood needs.

Evidence: The construction of new high-density residential buildings in these areas provide much- needed housing while maintaining the character and vibrancy of the neighborhood.

6. Policy H-19 Regional Housing Needs: Encourage adequate housing production to meet City needs and the City’s share of regional housing needs.

Evidence: The Housing Element identified the project site as a location where additional housing should be supported, although the project is not identified as a Regional Housing Needs Assessment (RHNA) site. The project would provide 169 dwelling units, increasing the City’s housing supply by adding new dwelling units in close proximity to goods, services and transit.

Attachments

1. Table 1-3: Project Chronology, Special Characteristics, Development Standards

2. Draft Findings

3. Conditions of Approval

4. Project Plans dated April 11, 2025

5. Rent Stabilization Memo, dated September 9, 2025

6. Southside Area Plan MMRP

7. Notice of Public Hearing

8. Notice of Community outreach on September 12, 2024
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Attachment 1
Table 1-3: Project Chronology, Special Characteristics, Development Standards Table 1: Project Chronology
Date Action
November 15, 2024 Use Permit Application submitted
November 21 2024 SB 330 Preliminary Application deemed Complete December 13,2024 Use Permit Application deemed Incomplete December 31, 2024 Landmark Initiation Application submitted February 13, 2025 Use Permit Application resubmitted
March 6, 2025 LPC hearing/LPC voted to designate 2425 Durant Avenue as a City Landmark or Structure of Merit
March 13, 2025 Use Permit Application deemed Complete
April 11, 2025 Use Permit Application resubmitted
April 14, 2025
City Council Appeal Application to reverse LPC’s
decision to designate the property as Landmark or
Structure of Merit submitted
July 17, 2025 Use Permit Application resubmitted
July 23, 2025
City Council Appeal Hearing/LPC decisions to
designate the Property as Landmark or Structure of
Merit was reversed
September 26, 2025 Public hearing notices for ZAB Hearing on October 09, 2025 mailed/posted
October 9, 2025 ZAB Hearing
Notes:
a. Application processing reflects the project compliance review, including CEQA if applicable, after the application is deemed complete. Submittals are reviewed within 30 days of receipt, pursuant to the Permit Streamlining Act.

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Table 2: Special Characteristics
Characteristic Applicability Explanation
Affordable Child Care Fee
for qualifying non-
residential projects (Per
Resolution 66,618-N.S.) No
This fee applies to net newly constructed
nonresidential gross floor area over 7,500 square
feet. The project does not include nonresidential
gross floor area therefore, this fee does not apply.

Affordable Housing Fee for
qualifying non-residential
projects (Per Resolution
66,617-N.S.)
Affordable / Inclusionary
Housing Requirements
(BMC Chapter 23.328)
Yes
The project would provide more than 5,000 square
feet of residential unit floor area and is part of a
larger housing development project, therefore
inclusionary housing provisions would apply.

The project is a housing development project a, as
defined in BMC 23.328.020a, and would provide at
least 20 percent Below Market Rate (BMR)
residential units. The project as a whole would
provide 32 Below Market Rate (BMR) units
including 6 Extremely -low Income, 7 Very Low -
Income (VLI), 6 Low-Income (LI) and 13 Moderate-
Income (MI) units.

Alcohol Sales/Service No
The project is residential only and does not
proposing Alcoholic Beverage Service of distilled
spirits, beer and wine.

Bird Safe Buildings
(BMC Section 23.304.150) Yes
The project is subject to these provisions because
the proposed building meet the building size
(10,000 square feet or greater) or height
requirements (average of 35) which would trigger
these requirements. A condition of approval to
demonstrate compliance at building permit is
included.

Coast Live Oak Trees
(BMC Chapter 6.52) Yes
There is a Coast Live Oak ( Quercus agrifolia) tree
on the project site that will be removed as one of
the waivers allowed per the State Density Bonus.

Creeks No No creek or culvert, as defined by BMC Chapter

17.08, exists on or within 30 feet of the project site.

Density Bonus Yes
The project would provide 7 Very Low-Income
units, 6 Extremely Low-Income units, and 13
Moderate Income units or 30 percent of the Base
Project units, and qualifies for a 100
percent density bonus, or 86 bonus units (84
taken). See Section III.B for discussion.

Hard Hats
(BMC Chapter 13.107) Yes
These provisions apply to this project because the
project proposes less than 50,000 square feet and
the project is located within the Southside Area
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Characteristic Applicability Explanation
Plan. However, the application utilizes two of the
three concessions that the project is entitled to, to
be exempt from th e two provisions of this
requirement.

Historic Resources No
The existing building is more than 40 years old . A
demolition referral is not required because the
existing buildings on the site are residential only.

On March 6, 2025, the LPC voted to designate the
property as a City Landmark or Structure of Merit .

The City Council reversed this designation on July
23, 2025.

Housing Accountability Act
(HAA) (Gov’t Code Section
65589.5(j))
Yes
The project meets the definition of a “Housing
Development Project” per Government Code
Section 65589.5(h)(2) b. The project complies with
applicable, objective general plan and zoning
standards, and thus section (j) of the Housing
Accountability Act does apply, and the project
cannot be denied at the density proposed unless
the findings for denial can be made. See Section
V.D of this report for additional discussion on
compliance with the Housing Accountability Act.

Housing Crisis Act of 2019
(SB 330) Yes
The project meets the definition of a “Housing
Development Project” per Government Code
Section 65589.5(h)(2). b See Section V.C of this
report for additional discussion on the sections of
SB 330 that apply to the project.

Public Art Yes
Per BMC Chapter 23.316.020(B)(1), Percentage For
Public Art On Private Projects applies to new
multifamily residential projects of five or more
dwelling units.

Rent Controlled Units Yes
The project would involve demolition of 19 rent
controlled dwelling units. These demolished units
are being replaced with 6 ELI, 7 VLI units, 6 LI and
13 MI units. See project findings in Attachment 2.

Residential Preferred
Parking (RPP) Yes
The site is located in RPP zone “ I”. The project is
not eligible for RPP permits per BMC Section

14.72.080(C)(1) as no permits shall be issued to
residents in newly constructed residential units.

Seismic Hazards (SHMA) No
The project site is not located within an area
susceptible to landslide/liquefaction/fault rupture
as shown on the State Seismic Hazard Zones mapc.

Soil/Groundwater
Contamination No
The project site is not on the Cortese List d, and
Phase I report was prepared. standard Conditions
of Approval related to hazardous materials would
apply.

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Table 3: R-SMU (Residential Mixed-Use) Development Standards BMC Sections

23.202.140(E) and 23.322.090(A)(2) Parking and Loading
Standard Existing Proposed Total Permitted/
Required
Lot Area (sq. ft.) 9,750 Same N/A
Gross Floor Area (sq. ft.) 9,782 148,940 N/A
Commercial Floor Area 0 0 N/A
Residential Floor Area 9,782 130,972 N/A
Floor Area Ratio
1 14.9 7
Dwelling Units Total 19 169 150 (du/acre) min.

No max.

Building
Height
(ft. - in.)
Maximum
30’ 208’ 85 ft. max. + 5 ft.
by-right for
parapet in
R-SMU
Building
Setbacks
(ft. - in.)
Front
(south)
Durant Avenue
14’-10” 4’-8” 0 min
Interior Side
(west)
2’-10” 7' -6" 0 min
Characteristic Applicability Explanation
Transit Yes
The project site is located less than 100 feet to bus
stops with service to several intersecting major bus
routes, including AC Transit Lines 22, 27, 36, 51B,
604
Notes:
a. BMC 23.328.020(E) defines a "Housing Development Project" for purposes of inclusionary housing requirements as “a development project, including a Mixed-Use Residential project involving the new construction of at least one Residential Unit. Projects with one or more buildings or projects including multiple contiguous parcels under common ownership or control shall be considered as a sole Housing Development Project and not as individual projects.
b. Government Code Section 65589.5(h)(2) “Housing development project” means a use consisting of any of the following: (A) residential units only, (B) mixed-use developments consisting of residential and nonresidential uses in which at least two-thirds of the square footage is designated for residential use, and (C) transitional or supportive housing. c. California Department of Conservation. DOC Maps: Geologic Hazards. Available:
https://maps.conservation.ca.gov/geologichazards/
d. Cortese List is an annually updated list of hazardous materials sites complied pursuant Government Code Section 65962.5.

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Standard Existing Proposed Total Permitted/
Required
Interior Side
(east)
2’-1” 5' -4" 0 min
Rear
(north)
0 0 to 5 4’ min
Usable Open Space (sq. ft.) 4,937 1,012 40 sq. ft.
per 1,000
sq. ft. of
gross
residential
floor area
Lot Coverage (%) 46 85 100 max
Automobile Parking
Parking
Residential
Automobile
0 0 0 min
Residential Bike
Short Term
0 8 7 (1 space/40 bedrooms)
Residential Bike
Long Term
0 72 83 (1 space per 3
bedrooms)
________ = Concession or Waiver requested to modify the district standard Abbreviations: sq. ft. = square feet; max. = maximum; min. = minimum; n/a = not applicable; % = percent; avg. = average, ft = feet (’), in. = inches (”)
Item 6B, Staff Report
ZAB 2025-10-09

Zoning Adjustments Board Findings
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
Project Facts Project Description:

Applicant: Yes Duffy Architects, 1250
Addison Street, 105, Berkeley, CA 94702
Property Owner: 2425 Durant Avenue
LLC, 29 Orinda Way, #2060
Orinda, CA 94563
Project Address: 2425 Durant Avenue
General Plan:

RMU (Residential Mixed -Use)
Area Plan: Southside Area Plan
Zoning: R-SMU (Residential
Southside Mixed Use District)
Site Size: 9,750 square feet (0.22 acre)
CEQA: Section 15332 (“In-Fill
Development Projects”)
Application Submitted: November 15,
2024
Vesting Date: November 21, 2024
Date Deemed Complete: March 13, 2025
Project Planner: Nilu Karimzadegan
Use Permit #ZP2024-0162 to demolish three existing two-story residential buildings, including 19 rent-controlled dwelling units, and construct a 20-story (208 feet), approximately 148,940-square-foot residential building containing 169 dwelling units, including 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), 6 Low-Income (LI), and 13 Moderate-Income (MI) units, on a 9,750 square-foot lot.

Zoning Permits Requested:

1. Demolition. BMC Section 23.326.030(B)(1)(c) “Demolition of Residential Units” to demolish residential units (UPPH)

2. New Construction. BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new multi-family building (UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create any residential addition within the within the R-SMU and the Southside Plan boundaries (UPPH).

4. Projections Above Height Limits. BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)
APP # ZP2024-0162
Use Permit for a Project at 2425 Durant Avenue
October 9, 2025
Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 2 of 11

Density Bonus
Waivers:

1. Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree

2. Usable Open Space. Waiver from BMC Section

23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required.

3. FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a 14.86 FAR.

4. Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height).

5. Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback

6. Landscaped Usable Open Space. Waiver from BMC Section

23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required.

7. Long-Term Residential Bike Parking. Waiver from BMC Section

23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required.

Concessions:

1. Concession from the “Apprenticeship Requirements” in Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040

2. Concession from the “Health Care Expenditures” in
Establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050

3. Concession from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)

Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 3 of 11

I. CEQA FINDINGS
As required by CEQA Section 15332 (“Infill Development Project”) of the CEQA Guidelines, the ZAB finds that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000, et seq. and California Code of Regulations, Section 15000, et seq.) because:

• The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. • The project site is within city limits on a project site of fewer than five acres that is substantially surrounded by urban uses.
• The project site has no value as habitat for endangered, rare or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
• The site can be adequately served by all required utilities and public services.

Additionally, none of the exceptions to eligibility for a categorical exemption as listed under CEQA Guidelines Section 15300.2, apply to the project.

Evidence: The project is not located in an environmentally sensitive area; the cumulative impact of successive projects of the same type in the same place over time will not be significant; there are no “unusual circumstances” at the project site that will result in significant environmental effects; there are no designated scenic highways in the City of Berkeley and the project site is not in view of a state scenic highway; the site is not included on a list compiled pursuant to Section 65962.5 of the Government Code; and the project would not result in a substantial adverse change in the significance of a historical resource.

Historic Resource Evaluation prepared by Preservation Architecture dated October 4, 2024 concluded that based on their evaluation of the City’s historical criteria, the residential buildings at 2421, 2423 and 2425-2427 Durant Avenue in Berkeley are not eligible as City of Berkeley Landmarks and are not eligible as Structures of Merit. Additionally, the subject property is not listed on the National Register of Historic Places (NR) or the California Register of Historical Resources (CR). Though the LPC designated the site a City Landmark based on their analysis that the property appears to meet the City’s Landmarks Preservation Ordinance criteria for historical significance, City Council determined otherwise and revoked the designation.

Prior to making the CEQA determination for the project, staff reviewed all of the evidence in the record, including the project application materials, plans and technical reports including Air Quality Analysis, Noise impacts Analysis, Water Quality Memorandum, Historic Resource Evaluation and Phase I Analysis; and 4) City Council’s determination to revoke the Landmark designation status application at the public meeting held on July 23, 2025.

Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 4 of 11

II. FINDINGS FOR APPROVAL
1) As required by BMC Section 23.406.040 (E)(1) “Findings for Approval”, the ZAB finds that the the proposed project or use:
a) Will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or visiting in the area or neighborhood of the proposed use Evidence: The project is consistent with all applicable R-SMU District standards and qualifies for concessions and waivers for the listed district standards granted pursuant to State Density Bonus, Government Code, Section 65915.

Sunlight: The additional height above the district limits (85 feet plus 5 feet by-right parapet) from the density bonus will cast shadows in the affected directions further than if the project were limited to the base district height standards. The proposal will include waivers for additional height beyond the district height limits to accommodate the density bonus units and allow a 208-foot-tall (plus 5-foot parapet), 20-story building. Overall, the shadow impacts from the project will be reasonable and not detrimental.

According to the shadow studies submitted for the project, new shadow impacts will occur:
a) in the fall months in the hours of after sunrise on the residential buildings on the west and northwest and around noon, on the residential buildings on the northe ast; b) in the winter months in the hours of after sunrise on the residential buildings on the west and northwest of the site, in the hours around noon on the residential buildings on the north and in the hours before sunset on the residential buildings on the northeast; and c) in the summer months in the hours of after sunrise and around noon on the neighbor buildings to the west and northwest of the site. All other new shadows will impact non -residential buildings in the vicinity. The extent of the new sh adow impact from the project on the site’s adjacent areas will be limited to a few hours of the day during certain times of the year, will not be unreasonable for a development in the dense, Southside Area plan that allows building heights up to 90 feet including the parapet, with 0 to 4-foot setbacks from property lines, by right.

Air: The proposed project will be consistent with the existing development and building -to- building separation pattern, or air, in this R-SMU District neighborhood. 5 to 8 feet setback is provided for the side setbacks where a zero setback is allowed. 0 to 4 feet setback is provided in the rear where a minimum of 4 feet is required, however the proposed building is separated from the rear non -residential buildings by over 40 feet. Therefore, the project will not unreasonably obstruct air.

Views: Because the project site is located on a relatively flat lot and significant views are generally not available in this neighborhood due to grade, current development patterns, and mature vegetation in a neighborhood with one to two-story and four- to six- story buildings, the proposed project would not create detrimental impacts to views Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 5 of 11

and it will not obstruct any significant view corridors as defined in BMC Section

23.502.020(V)(12)1;
b) Will not be detrimental or injurious to property and improvements of the adjacent properties, the surrounding area or neighborhood, or to the general welfare of the City.

Evidence: The project will not be detrimental or injurious to adjacent properties, surrounding improvements, the neighborhood, or the general welfare of the city, it will enhance the immediate and surrounding areas by replacing an underutilized site including 19-unit residential with a new development consisting of 169 units. This includes a significant affordable housing component: 6 for Extremely Low-Income (ELI), 7 units for Very Low-Income (VLI) households, 6 for Low-Income (LI), and 13 for Moderate-Income (MI) households. By substantially increasing the housing supply and providing a range of affordability levels, the project contributes meaningfully to both local and regional housing needs. Additionally, the project complies with all applicable state and local objective planning standards.

2) As required by BMC Section 23.406.040 (E)(2) “Findings for Approval”, to approve the Use Permit, the ZAB must also make any other Use Permit findings specifically required by the Zoning Ordinance for the proposed project:
3) As required by Government Code Section 65915 (State Density Bonus), the Zoning Adjustments Board finds that:

Under the City’s methodology for implementing density bonuses, the base project consists of 85 units. The project will provide at least 6 Extremely Low-Income (ELI) and 7 Very Low-Income (VLI), 6 Low-Income (LI) and 13 Moderate-Income (MI) BMR units on site qualifying units in the 85 -unit base project, as more fully set forth in Condition “Number of Below Market Rate Units” . The project is entitled to a density increase of 100 percent over the otherwise maximum allowable residential density under the Zoning Ordinance and General Plan Land Use Element, under the requirements of Government Code Section 65915(b) and (f), plus three concessions or incentives. This equates to a density bonus of up to 100% or 86 units above the base project, for a total of up to 171 units of which the applicant has chosen to build 169 units.

1 View Corridor - A significant view of the Berkeley Hills, San Francisco Bay, Mt. Tamalpais, or a significant landmark such as the Campanile, Golden Gate Bridge, and Alcatraz Island or any other significant vista that substantially enhances the value and enjoyment of real property.

Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 6 of 11

a) In accordance with Government Code Section 65915(d), in order to allow construction of the proposed project with the density permitted under State law, the Zoning Adjustments Board grants the following concessions and finds that the approval of the concessions is required to provide for affordable housing costs, as provided in Government Code Section 65915(d)(1)(A) because: 1) approval of the concession would result in identifiable and actual cost reduction; 2) approval of the concession would not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) would not be contrary to State or Federal law.

• Concession 1. Exemption from the “Apprenticeship Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040
• Concession 2. Exemption from the “Health Care Expenditures” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050
• Concession 3. Exemption from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)

b) In accordance with Government Code Section 65915(e), in order to allow construction of the proposed project with the density permitted under State law, the Zoning Adjustments Board finds that the approval of waivers is required 1) to construct the proposed project at the density permitted under State law; 2) approval of requested waivers will not have a specific adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources; and 3) approval of the requested waivers will not be contrary to State or Federal law. • Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree
• Usable Open Space. Waiver from BMC Section 23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required. • FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a 14.86 FAR.
• Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height).
• Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback
• Landscaped Usable Open Space. Waiver from BMC Section 23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required. • Long-Term Residential Bike Parking. Waiver from BMC Section 23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required.

Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 7 of 11

4) As required by BMC Section 23.326.030, “Demolition of Residential Units” the ZAB finds that the demolition of existing residential units is allowed because:
a) As required by BMC Section 23.326.030(A)(1), the Residential Unit(s) eliminated or demolished were not removed from the rental market through a no-fault eviction during the preceding five years

Evidence: According to a memorandum issued by the City’s Rent Stabilization Board on May 13, 2025, the buildings addressed 2421, 2425, 2423, and 2427 have not been removed from the rental market under the Ellis Act or any other no -fault eviction at any time during the preceding five (5) years.

b) As required by BMC Section 23.326.030(A)(2), there is no substantial evidence of harassment or threatened or actual illegal eviction during the immediately preceding three years. Where allegations of harassment or threatened or actual illegal eviction are in dispute, either party may request a hearing before a Rent Board Hearing Examiner, whose determination may be appealed to the Rent Stabilization Board.

Evidence: According to a memorandum issued by the City’s Rent Stabilization Board on May 13, 2025, The Rent Stabilization Board has no record of any verified cases of harassment or threatened or actual illegal evicting occurring for the rental units at 2421, 2425, or 2427 Durant.

c) As required by BMC Section 23.326.030(B)(1)(C), the demolition is necessary to permit construction approved pursuant to this Chapter of at least the same number of Dwelling Units.

Evidence: The proposed project includes 169 units, ensuring no net loss of units at this site.

d) As required by BMC Section 23.326.030(C), the existing buildings to be demolished are not Landmarks and Structures of Merit . Demolition of a designated landmark or structure of merit, or of a structure in a designated historic district, must be approved by the Landmarks Preservation Commission, pursuant to Chapter 3.24.

Evidence: The project was vested under SB330 on November 21, 2024 prior its designation as a City Landmark or Structure of Merit on March 6, 2025. This City Landmark or Structure of Merit designation was later reversed by the City Council on July 23, 2025. Therefore, the existing buildings are not designated as a City Landmark or Structure of Merit. e) As required by BMC Section 23.326.030(D), the protected units on the subject site that are demolished will be replaced with a Comparable Unit that complies with the maximum allowable rent requirements for Affordable Units in Chapter 23.328 [Affordable Housing Requirements] and Chapter 23.330 [Density Bonus] as they may be amended from time to time and the following conditions will apply:

Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 8 of 11

1. In the event that a displaced household has an income below 50% AMI, a Comparable Unit shall be offered at a rent that is affordable to households at 30% of AMI, and the displaced household shall have the first right of refusal for that unit.

Such a Comparable Unit shall be counted as a Very Low-Income unit for applicable affordability requirements in Chapter 23.328.

2. In the event that a demolished Residential Unit is not a Protected Unit and the income of the displaced household is unknown, the Residential Unit shall be presumed to have been occupied by Low- or Lower-Income renter households in the same proportion as Residential Units throughout the City. The City shall rely upon US Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) data to determine the number of such Residential Units that must be replaced with Affordable Units as defined in Chapter 23.328.

3. In the event that a Protected Unit was subject to rent or price controls under BMC Chapter 13.76, and the income level of the displaced household is unknown, the unit shall be replaced with an Affordable Unit as defined in Chapter 23.328.

Evidence: According to a memorandum provided by the City’s Rent Stabilization Board issued on May 13, 2025, all 19 Residential Units at 2421 -2427 Durant are subject to rent control under the Rent Ordinance and are therefore considered Protected Units. Per the Demolition Ordinance, any Protected Unit that is demolished shall be replaced with a Comparable Unit tha t shall comply with the maximum allowable rent requirements for Affordable Units in Chapter 23.328 [Affordable Housing Requirements] and Chapter 23.330 [Density Bonus]. As a Condition of Approval for this project, all 19 of the existing units proposed for demolition must be replaced with units that are available to either Very Low Income or Lower Income households (or deeper affordability) in perpetuity. f) As required by BMC Section 23.326.030(E)(2), “Requirements for Occupied Units 2”, the applicant will provide all sitting tenants and the Rent Stabilization Board notice of the application for demolition no later than the date the application is submitted to the City, including notice of their rights under Municipal Code Chapter 13.76 (Rent Stabilization and Eviction for Good Cause Program), Chapter 13.77 (Requirements, Procedures, Restrictions and Mitigations Concerning the Withdrawal of Residential Rental Accommodations from Rent or Lease), 13.79 (Tenant Protections: Automatically Renewing Leases and Buyout Agreements) and 13.84 (Relocation Services and Payments for Residential Tenant Households).

Evidence: As a Condition of Approval for this permit, the applicant will provide all sitting tenants and the Rent Stabilization Board notice of the application for demolition no later than the date a demolition application is submitted to the City.

2 The Requirements for Occupied Units do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction.

Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 9 of 11

g) As required by BMC Section 23.326.030(E)(3), “Requirements for Occupied Units”, the applicant will provide moving and relocation assistance equivalent to the requirements set forth in Municipal Code Chapter 13.84 (Relocation Services and Payments for Residential Tenant Households) or Government Code section 66300.6(b)(4)(A), whichever requires greater relocation assistance to displaced tenants, not subject to the limitations in section 13.84.070.B.3(a). The applicant will subsidize the rent differential for a comparable replacement unit, in the same neighborhood if feasible, until new units are ready for occupancy. Within five days of the issuance of the Certificate of Occupancy, tenants will be notified in writing that the units will be ready for move-in on a date specified. Tenants will confirm in writing their intent to lease the available unit at any time before 20 days after the issuance of the Certificate of Occupancy. Funding for the rent differential will be guaranteed in a manner approved by City Council Resolution; provided, however, that any project that is carried out or funded by the state or federal government will be subject to applicable provisions of the California Relocation Act (Government Code section 7260 et seq.) and/or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. sections 4601- 4655).

Evidence: moving and relocation assistance is a condition of approval for this permit per the Ordinance.
h) As required by BMC Section 23.326.030(E)(4), “Sitting Tenants Rights”, the following are required:

1. Any tenant of a Protected Unit that is permitted to be demolished under this section will have the right of first refusal to rent a Comparable Unit in the new project.

2. In the event that a displaced household is ineligible for below-market rate replacement units, a market rate Comparable Unit will be made available to that household at the same rent as had been previously charged, or a lesser rent if that is the market rate.

3. Where a displaced tenant exercises the right to rent a Comparable Unit, any increase in rent for the Comparable Unit for the duration of their tenancy will be no greater than the lesser of 65% of the increase in the Consumer Price Index for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose region (as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics for the twelve-month period ending the previous December 31) or 65% of the corresponding increase in Area Median Income (AMI) for the same calendar year.

4. Exceptions.
ii. Sitting tenants who are displaced as a result of demolition and who desire to return to the newly constructed affordable housing project will be granted a right of first refusal subject to their ability to meet income qualifications and other applicable eligibility requirements. (Ord. 7924-NS § 1, 2024; Ord. 7810-NS § 1, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)
Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 10 of 11

Evidence: Sitting Tenants Rights (a) to (d) will be conditions of approval for this permit.

5) As required by the Housing Accountability Act, Government Code Section 65589.5(j), when a proposed housing development complies with applicable, objective general plan and zoning standards, a local agency may not deny the project or approve it with reduced density unless the agency makes written findings supported by substantial evidence that: (1) the development would have a specific adverse impact on public health or safety unless disapproved or approved at a lower density; and (2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval or approval at a lower density.

Evidence: The project includes construction of “housing development project” with at least two -thirds of the floor area in residential use. Because the project complies with applicable, objective general plan and zoning standards, Section 65589.5(j) does apply to this project. No significant, quantifiable, direct and unavoidable impacts, based on objective, identified written public health or safety standards, polices, or conditions, have been identified.
6) Government Code Section 65915 (Density Bonus) and Government Code Section 66300 (SB 330) prohibit the demolition of occupied or vacant protected units (i.e. rent-controlled or affordable units) unless the project will create at least as many residential units as will be demolished; will replace them with at least as many residential dwelling units as the greatest number of units that existed on the project site within the last five years, and replace “protected” units as specified in these sections.
a) The project is demolishing 19 (“protected”) units (the greatest number of units that existed on the project site within the last five years), and is constructing 169 units, in compliance with state law.
b) The project will replace 19 removed protected dwelling units with equivalent units – 6 units affordable to Extremely Low-Income households, 7 units affordable to Very Low- Income households, 6 units affordable to Low-Income households, 13 unit affordable to Moderate-Income households subject to a recorded affordability restriction of at least 55 years and 137 Market Rate units.
7) As required by BMC Section 23.406.040 (E)(3) “Findings for Approval”, the ZAB considers the following (a and b) in making findings:

a) The proposed land use:

Evidence: The proposed land use meets the findings for approval because the project’s residential use is consistent with the purposes of the High Density Residential and the surrounding Avenue Commercial areas as outlined in the General Plan’s Land Use Element.

This identifies the need to provide high-density residential development and residential units to meet the housing needs of the City of Berkeley on a transit-served site contributing to local and regional housing needs with the inclusion of applicable waivers and concessions allowed under the State Density Bonus law.

Item 6B, Attachment 2
ZAB 2025-10-09

2424 DURANT AVENUE- USE PERMIT #ZP2024-0162 FINDINGS
October 9, 2025 Page 11 of 11

b) The structure or addition that accommodates the use:

Evidence: The proposed construction of a twenty-story residential project with its compliant Base Project with the undelaying zoning standards will accommodate the use because and will fulfill both the district purposes and contribute to local and regional housing needs and is consistent with the development standards of the R-SMU zoning districts.
8) As required by BMC Section 23.406.040 (E)(4) “Findings for Approval”, the ZAB makes the required findings based on the circumstances existing at the time a decision is made on the application.

Evidence: The application has been reviewed based on the current zoning standards, general plan policies, environmental conditions, and site context as of the date of the decision. The project is consistent with the allowed uses outlined in the R-SMU zone. Surrounding land uses and structures surrounding the site are based on current information.

9) As required by BMC Section 23.406.040 (E )(5) “Findings for Approval”, the ZAB shall deny a Use Permit application if it determines that it is unable to make any of the required findings

Evidence: This finding does not apply because all required findings can be made based on submitted application material, documents and staff analysis.

Item 6B, Attachment 2
ZAB 2025-10-09

Conditions of Approval
1947 Center Street, Berkeley, CA 94704 Tel: 510.981.7410 TDD: 510.981.7474 Fax: 510.981.7420 Email [email protected]
APP # ZP2024-0162 October 9, 2025
Use Permit for a Project at 2425 Durant Avenue
Project Facts Project Description:

Applicant: Yes Duffy Architects, 1250
Addison Street, 105, Berkeley, CA 94702
Property Owner: 2425 Durant Avenue
LLC, 29 Orinda Way, #2060
Orinda, CA 94563
Project Address: 2425 Durant Avenue
General Plan:

RMU (Residential Mixed -Use)
Area Plan: Southside Area Plan
Zoning: R-SMU (Residential
Southside Mixed Use District)
Site Size: 9,750 square feet (0.22
acre)
CEQA: Section 15332 (“In-Fill
Development Projects”)
Use Permit #ZP2024-0162 to demolish three existing two-story residential buildings, including 19 rent-controlled dwelling units, and construct a 20-story (208 feet), approximately 148,940-square-foot residential building containing 169 dwelling units, including 6 Extremely Low-Income (ELI), 7 Very Low-Income (VLI), 6 Low-Income (LI), and 13 Moderate Income (MI) units, on a 9,750-square-foot lot.

Zoning Permits Requested:

1. Demolition. BMC Section 23.326.030(B)(1)(c) “Demolition of Residential Units” to demolish residential units (UPPH)

2. New Construction. BMC Section 23.202.020 (A) “Allowed Land Uses” to construct a new Multi-Family building (UPPH).

3. New Floor Area. BMC Section 23.204.030(A)(1) “Floor Area Permit Requirements” to create any residential addition within the within the R-SMU and the Southside Plan boundaries (UPPH).

4. Projections Above Height Limits. BMC Section 23. 304.050 “Allowed Projections Above Height Limit “to allow for Projections Above Height Limit (AUP)
Density Bonus
Item 6B, Attachment 3
ZAB 2025-10-09

2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 2 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

Date Submitted: November 15, 2024

Vesting Date: November 21, 2024

Date Deemed Complete: March 13, 2025

Project Planner: Nilu Karimzadegan
Waivers:

1. Removal of Coast Live Oak. Waiver from BMC Section BMC Section 6.52.010 to remove a Coast Live Oak Tree

2. Usable Open Space. Waiver from BMC Section

23.202.140(E)(1)(a) for providing 1,012 sq. ft. of Usable Open Space, where 5,239 sq. ft. is required.

3. FAR. Waiver from BMC Section 23.202.140(E)(1)(a) to exceed the allowable maximum FAR of 7 by allowing a 14.86 FAR.

4. Height. Waiver from BMC Section 23.202.140(E)(1)(a) to allow a maximum building height of 208 feet where a maximum 85 feet height with an addition of a 5 feet parapet is allowed (total allowable 90 feet maximum height).

5. Setbacks. Waiver from BMC Section 23.202.140(E)(1)(a) to reduce the required 4 feet rear setback

6. Landscaped Usable Open Space. Waiver from BMC Section

23.304.90(B)(7) for Usable Open Space landscaped area to be 0% where 40% is required.

7. Long-Term Residential Bike Parking. Waiver from BMC Section

23.322.090(A)(2) to provide 72 Long-Term Residential Bike Parking spaces where 83 Long-Term Residential Bike Parking spaces is required.

Concessions:

1. Concession from the “Apprenticeship Requirements” in establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.040

2. Concession from the “Health Care Expenditures” in
establishing Healthcare and Apprenticeship Standards for Private Development, as required by BMC Section 13.107.050

3. Concession from the “Prevailing Wage requirements” in the Southside Plan as required by BMC Section 13.108(A)

Item 6B, Attachment 3
ZAB 2025-10-09

2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 3 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

I. STANDARD CONDITIONS OF APPROVAL FOR ALL PROJECTS
Pursuant to Berkeley Municipal Code (BMC) Title 23 Zoning Ordinance and Title 13 Public Peace, Morals, and Welfare, the following conditions, as well as all other applicable provisions of the Zoning Ordinance, apply to this Permit:

1. Conditions and Mitigation Monitoring and Reporting Program Shall be Printed on Plans. The conditions of this Permit shall be printed on the second sheet of each plan set submitted for a building permit pursuant to this Use Permit, under the title ‘Use Permit Conditions.’ Additional sheets may also be used if the second sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings.

2. Compliance Required (BMC Section 23.102.050). All land uses and structures in Berkeley must comply with the Zoning Ordinance and all applicable City ordinances and regulations. Compliance with the Zoning Ordinance does not relieve an applicant from requirements to comply with other federal, state, and City regulations that also apply to the property.

3. Approval Limited to Proposed Project and Replacement of Existing Uses (BMC Sections 23.404.060(B)(1) and (2)):

This Permit authorizes only the proposed project described in the application. In no way does an approval authorize other uses, structures or activities not included in the project description.

When the City approves a new use that replaces an existing use, any prior approval of the existing use becomes null and void when permits for the new use are exercised (e.g., building permit or business license issued). To re-establish the previously existing use, an applicant must obtain all permits required by the Zoning Ordinance for the use.

4. Conformance to Approved Plans (BMC Section 23.404.060(B)(4)).

All work performed under an approved permit shall comply with the approved plans and any conditions of approval.

5. Exercise and Expiration of Permits (BMC Section 23.404.060(C)):

A permit authorizing a land use is exercised when both a valid City business license is issued (if required) and the land use is established on the property.

A permit authorizing construction is exercised when both a valid City building permit (if required) is issued and construction has lawfully begun.

The Zoning Officer may declare a permit lapsed if it is not exercised within one year of its issuance, except if the applicant has applied for a building permit or has made a substantial good faith effort to obtain a building permit and begin construction. The Zoning Officer may declare a permit lapsed only after 14 days written notice to the applicant. A determin ation that a permit has lapsed may be appealed to the ZAB in accordance with BMC Chapter 23.410, Appeals and Certification.

Item 6B, Attachment 3
ZAB 2025-10-09

2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 4 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

A permit declared lapsed shall be void and of no further force and effect. To establish the use or structure authorized by the lapsed permit, an applicant must apply for and receive City approval of a new permit.

6. Permit Remains Effective for Vacant Property (BMC Section 23.404.060(D)). Once a Permit for a use is exercised and the use is established, the permit authorizing the use remains effective even if the property becomes vacant. The same use as allowed by the original permit may be re-established without obtaining a new permit, except as set forth in Standard Condition #5 above.

7. Permit Modifications (BMC Section 23.404.070). No change in the use or structure for which this Permit is issued is permitted unless the Permit is modified by the Board. The Zoning Officer may approve changes to plans approved by the Board, consistent with the Board’s policy adopted on May 24, 1978, which reduce the size of the project.

8. Permit Revocation (BMC Section 23.404.080). The City may revoke or modify a discretionary permit for completed projects due to: 1) violations of permit requirements; 2) Changes to the approved project; and/or 3) Vacancy for one year or more. However, no lawful residential use can lapse, regardless of the length of time of the vacancy.

Proceedings to revoke or modify a permit may be initiated by the Zoning Officer, Zoning Adjustments Board (ZAB), or City Council referral.

9. Pay Transparency Acknowledgement (BMC Section 13.104.030). Prior to the issuance of a building permit for any Project subject to this Chapter:

A Responsible Representative of the Permittee shall certify under penalty of perjury that the Permittee has reviewed Chapter 13.104 of the Berkeley Municipal Code, and will be responsible for demonstrating compliance with this Chapter.

The Permittee shall provide to the City a Contractor Pay Transparency Acknowledgment on a form approved by the City for this purpose. A Responsible Representative of the Permittee shall certify under penalty of perjury that the Contractor and all Qualifying Subcontractors performing work on the Project will comply with BMC Chapter 13.104 and with Labor Code sections 226(a) and 2810.5 for each employee who works on the Project.

Item 6B, Attachment 3
ZAB 2025-10-09

2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 5 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

10. Pay Transparency Attestations following Project Completion (BMC Section

13.104.040). Within 10 days of the approved final inspection of any Project subject to this Chapter, each Permittee shall provide to the City for each Contractor and Qualifying Subcontractor a Pay Transparency Attestation on a form approved by the City. On each Pay Transparency Attestation, a Responsible Representative of the Contractor or Qualifying Subcontractor shall attest under penalty of perjury that the Contractor or Qualifying Subcontractor complied with BMC Chapter 13.104 and Labor Code sections 226(a) and 2810.5 for each employee who performed work on the Project. The City will maintain Pay Transparency Attestation forms for period of at least three years after their date of receipt by the City

11. Posting of Wage Theft Ordinance (BMC Section 13.104.050). Each day work is performed on the Project, each Permittee shall post, and keep posted in a conspicuous location where it may be easily read by employees during the hours of the workday, a notice that: (A) contains the text of BMC Chapter 13.104; (B) explains that workers can report violations of Labor Code sections 226 and 2810.5 to the Labor Commissioner of the State of California; and (C) provides current contact information, including office address, telephone number, and email address of the Labor Commissioner of the State of California.

12. Wage Theft Prevention Conditions of Approval (BMC Section 13.104.060). The requirements of BMC Sections 13.104.030 through 13.104.050 shall be included as conditions of approval of any Use Permit or Zoning Certificate for any Project that is subject to this Chapter. Failure to comply with the requirements of any provision of this Chapter shall be grounds for issuance of an administrative citation under BMC Chapter 1.28 and/or the revocation or modification of any Use Permit issued for the Project under BMC Chapter

23.404.

13. Hold Harmless. The permittee agrees as a condition of approval of this application to indemnify, protect, defend with counsel selected by the City, and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents, from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney’s fees and disbursements (collectively, “Claims”) arising out of or in any way relating to the approval of this application, any actions taken by the City related to this entitlement, or any environmental review conducted under the California Environmental Quality Act, Public Resources Code Section 210000 et seq., for this entitlement and related actions. The indemnification shall include any Claims that may be asserted by any person or entity, including the permittee, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees and agents. The permittee’s duty to defend the City shall not apply in those instances when the permittee has asserted the Claims, although the permittee shall still have a duty to indemnify, protect and hold harmless the City.

Item 6B, Attachment 3
ZAB 2025-10-09

2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 6 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

II. ADDITIONAL CONDITIONS IMPOSED BY THE ZONING ADJUSTMENTS BOARD Pursuant to BMC Section 23.404.050(H) Conditions of Approval, the Zoning Adjustments Board attaches the following additional conditions to this Permit:

Prior to Submittal of Any Building Permit:

14. Project Liaison. The applicant shall include in all building permit plans and post onsite the name and telephone number of an individual empowered to manage construction-related complaints generated from the project. The individual’s name, telephone number, and responsibility for the project shall be posted at the project site for the duration of the project in a location easily visible to the public. The individual shall record all complaints received and actions taken in response, and submit written reports of such complaints and actions to the project planner on a weekly basis. Please designate the name of this individual below:
 Project Liaison ____________________________________________________ Name Phone #

15. Address Assignment. The applicant shall file an “Address Assignment Request Application” with the Permit Service Center (1947 Center Street) for any address change or new address associated with this Use Permit. The new address(es) shall be assigned in accordance with BMC Section 16.28.030 Assignment and Installation of Numbers, and, except for new buildings on vacant lots, entered into the City’s database after the building permit is issued but prior to final inspection.

16. Bird Safe Buildings. Prior to submittal of the building permit, the applicant shall demonstrate compliance with the applicable bird safe building provisions in BMC Section

23.304.150, Bird Safe Buildings.

17. Construction Noise Reduction Program. The applicant shall develop a site-specific noise reduction program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Zoning Officer. The noise reduction program shall include the time limits for construction listed above, as measures needed to ensure that construction complies with BMC Section

13.40.070, Prohibited Acts. The noise reduction program should include, but shall not be limited to, the following available controls to reduce construction noise levels as low as practical:

Construction equipment should be well maintained and used judiciously to be as quiet as practical.

Equip all internal combustion engine -driven equipment with mufflers, which are in good condition and appropriate for the equipment.

Utilize “quiet” models of air compressors and other stationary noise sources where technology exists. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.

Item 6B, Attachment 3
ZAB 2025-10-09

2425 DURANT AVENUE- USE PERMIT #ZP2024-0162 USE PERMIT CONDITIONS October 9, 2025 Page 7 of 24

File location: G:\LANDUSE\Projects by Address\Durant\2425\ZP2024-0162\5-FINAL PUBLIC REPORTS + ATTACHMENTS [WORD]

Locate stationary noise -generating equipment as far as possible from sensitive receptors when adjoining construction sites. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment where feasible.

Prohibit unnecessary idling of internal combustion engines.

If impact pile driving is required, pre -drill foundation pile holes to minimize the number of impacts required to seat the pile.

Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise.

Erect temporary noise control blanket barriers, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were irresolvable by proper scheduling. Noise control blanket barriers can be rented and quickly erected.

Route construction related traffic along major roadways and away from sensitive receptors where feasible.

18. Damage Due to Construction Vibration. The project applicant shall submit screening level analysis prior to, or concurrent with demolition building permit. If a screening level analysis shows that the project has the potential to result in damage to structures, a structural engineer or other appropriate professional shall be retained to prepare a vibration impact assessment (assessment). The assessment shall consider project specific information such as the composition of the structures, location of the various types of equipment used during each phase of the project, as well as the soil characteristics in the project area, in order to determine whether project construction may cause damage to any of the structures identified as potentially impacted in the screening level analysis. If the assessment finds that the project may cause damage to nearby structures, the structural engineer or other appropriate professional shall recommend design means and methods of construction that to avoid the potential damage, if feasible. The assessment and its recommendations shall be reviewed and approved by the Building and Safety Division and the Zoning Officer. If there are no feasible design means or methods to eliminate the potential for damage, the structural engineer or other appropriate professional shall undertake study of existing conditions (study) of any structures (or, in case of large buildings, of the portions of the structures) that may experience damage.

This study shall establish the baseline condition of these structures, including, but not limited to, the location and extent of any visible cracks or spalls; and include written descriptions and photographs.

Item 6B, Attachment 3
ZAB 2025-10-09